Manjeet Kumar @ Manjeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30338 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -AMNAUR District- SARAN ====================================================== Manjeet Kumar @ Manjeet Singh son of Sri Akhilesh Kumar Singh @ Akhilesh Singh resident of village-Panchkhanda, P.S. Mashrakh, DistrictSaran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 21.03.2017 in connection with Amnaur P.S. Case No. 51 of 2017 for offences punishable under Sections 413, 414/34 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that on information that a stolen motorcycle is to be sold by two persons the police reached the place of occurrence and apprehended two accused persons who named the petitioner to be involved in purchase and selling of

Patna High Court Cr.Misc. No.30338 of 2017 (4) dt.31-08-2017 2/3 motorcycles.

It has been submitted by the learned counsel for the petitioner that he is innocent, was not apprehended by the police on the spot and it is only on the confessional statement of the co-accused, he has been named in the F.I.R. which has no evidentiary value in the eye of law. He submits that nothing has been recovered from his conscious possession and that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner has criminal antecedent and is involved in one more case of similar nature. Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Chapra, Saran in connection with Amnaur P.S. Case No. 51 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within

Patna High Court Cr.Misc. No.30338 of 2017 (4) dt.31-08-2017 3/3 the jurisdiction of the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Devendra/- U T