Manish Bihari Singh @ Manish Bihari @ Manish Kumar @ Manish Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62278 of 2024 Arising Out of PS. Case No.-609 Year-2010 Thana- SITAMARHI District- Sitamarhi ====================================================== Manish Bihari Singh @ Manish Bihari @ Manish Kumar @ Manish Singh S/O Ram Babu Singh Resident Of Village- Vishnu Singh Tola, Chotki Belahiya, P.S.- Suppi, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashhar Mustafa, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-09-2024 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Sitamarhi P.S. Case No. 609 of 2010, registered for the offence punishable under Sections 414, 420, 384, 386 and 120(B)/34 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substances Act, 1908.
3. Without adverting to the allegation made in the FIR, learned Advocate for the petitioner contended that earlier, the petitioner was granted bail on 27.05.2011 and the charges were also framed in the aforenoted case on 21.09.2012. However, on account of his non appearance, the bail bond of the petitioner stood cancelled on 13.01.2023. Thereafter, the
Patna High Court CR. MISC. No.62278 of 2024(2) dt.04-09-2024 2/3 petitioner filed an application on 02.09.2023, seeking his production in the present case and on his request, the production warrant was issued and thereafter, he was remanded on 12.09.2023; since then he is in judicial custody.
4. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the matter is of 2010 and because of non appearance of the petitioner, the bail bond has been cancelled. That apart, the petitioner bears a long list of criminal antecedent, as has been narrated in paragraph no. 3 of the bail application.
5. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner had already been granted bail by the Court below itself, and on account of non appearance, his bail bond has been cancelled on 13.01.2023 and now he is in custody since 12.09.2023. The petitioner undertakes that he will remain present on each and every date till the conclusion of the trial, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XIII, Sitamarhi in connection with Sitamarhi P.S. Case No. 609 of 2010, subject to the condition that one of the bailors
Patna High Court CR. MISC. No.62278 of 2024(2) dt.04-09-2024 3/3 will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) shivank/- U T