Manu Sharma @ Manu Kr Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57075 of 2022 Arising Out of PS. Case No.-197 Year-2022 Thana- BANIAPUR District- Saran ====================================================== Manu Sharma @ Manu Kr Sharma, Son of Mithlesh Sharma, Resident of Village- Kanhauli Sangram, P.S.- Baniyapur, District- Saran (Chapra) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Trial No. 412 of 2022 arising out of Baniyapur P.S. Case No.197 of 2022 registered for the offence punishable under Sections 413, 414/34 of the Indian Penal Code.

On a secret information, the police have gone to verify the selling of stolen motorcycles from where three persons were fleeing away. The petitioner has thus been apprehended and three stolen motorcycles have been recovered. Learned counsel for the petitioner submits that the petitioner has no concern with the recovery. He has been made an accused only based on suspicion arising out of his antecedents because he was in the locality. The petitioner is in

Patna High Court CR. MISC. No.57075 of 2022(2) dt.18-01-2023 2/3 custody since 24.02.2022. The earlier case pending against him is for offences under Section 341, 323, 342, 504, 506/34 of the I.P.C., in which he is on bail. The Investigation is complete. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, nature of allegation, period of custody and the fact that investigation is complete, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Mukti Priya Barnwal, learned Judicial Magistrate-1st Class, Saran at Chapra, in connection with Trial No.412 of 2022 arising out of Baniyapur P.S. Case No.197 of 2022, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.57075 of 2022(2) dt.18-01-2023 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T