Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60251 of 2022 Arising Out of PS. Case No.-5 Year-2015 Thana- RAJAOLI District- Nawada ====================================================== Manoj Singh S/O Aditya Singh R/V- Andharwari, P.S.- Rajauli, DisttNawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

The prosecution case in nutshell is that National Highway No. 31 was blocked by putting a tree on the road due to which several vehicles were standing on both side of road. On seeing the police force several culprits started fleeing away and drivers, conductors and passengers told that several accused persons including the petitioners committed loot.

Patna High Court CR. MISC. No.60251 of 2022(2) dt.03-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that neither the petitioner is named in F.I.R nor he has been put on T.I.P.. The name of the petitioner sprang up during investigation of this case. Nothing has been recovered from the conscious possession of the petitioner. It is also submitted that petitioner is languishing in judicial custody since 23.05.2022. moreover, similarly situated co-accused persons have granted Bail vide order dated 10.11.2015 and 02.06.2016 passed in Cr. Misc. Nos. 50161 of 2015 & 3202 of 2016 by the co-ordinate Benches of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to

Patna High Court CR. MISC. No.60251 of 2022(2) dt.03-02-2023 3/3 enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rajauli P.S. Case No. 05 of 2015 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J VII, Nawada.

Further, the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of his bail bonds.

If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

(Sunil Kumar Panwar, J) nirajkrs/- U T