Manish Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65026 of 2023 Arising Out of PS. Case No.-162 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== MANISH PATHAK Son of Parashnath Pathak Resident of Village - Bishunpurwa, Police Station - Baruraj, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chakia P.S. Case No. 162 of 2020 dated 8.5.2020 registered for the offences punishable u/s 392 of the Indian Penal Code.

3. As per the prosecution case, three miscreants came to the Private Fino Payments Bank where the informant was working. Two of them went to the counter and pointed pistol at the informant and asked for the key of the locker and took away Rs. 53,971/-, a mobile phone and fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.65026 of 2023(2) dt.12-10-2023 2/3 this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. His name has sprung up in the confessional statement of the co-accused. No TIP has been conducted by the prosecution. The petitioner is accused in 5 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 2.2.2022.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Chakia P.S. Case No. 162 of 2020 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

Patna High Court CR. MISC. No.65026 of 2023(2) dt.12-10-2023 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T