Manish Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60911 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- DEODHA District- Madhubani ====================================================== Manish Kumar Ray, S/O Biltu Ray @ Viltu Ray, Resident of village- Baldiha, P.S.- Jaynagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Adv For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in connection with Deodha P.S. Case No. 91 of 2022 registered under Sections 414 and 34 of the Indian Penal Code.

Based on statement of two co-accused persons who were arrested while moving on a stolen motorcycle, it is alleged that stolen motorcycle has been recovered from the petitioner's house. Learned counsel for the petitioner submits that there is no recovery from the petitioner's conscious possession. The seizure memo is not in accordance with law. Petitioner has no antecedents and no concern with the recovered motorcycle. He is in custody since 23.08.2022.

Patna High Court CR. MISC. No.60911 of 2022(3) dt.30-01-2023 2/2 Learned APP has opposed the prayer for bail.

Considering the allegations made in the FIR, the submissions advanced by learned counsel for the petitioner, his clean antecedent, as also the fact that investigation is complete, this Court is inclined to allow the prayer for bail. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M-I, Madhubani, in Deodha P.S. Case No. 91 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.

(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) Sumit/ShashankU T