Patna High CourtCR. MISC./72724/2023bail granted

Manoj Das v. The State Of Bihar

2023-11-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72724 of 2023 Arising Out of PS. Case No.-393 Year-2021 Thana- BELHAR District- Banka ====================================================== MANOJ DAS SON OF LATE PARMANAND DAS RESIDENT OF VILLAGE NONIYA BASAR, POLICE STATION BANKA, DISTRICT BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 10.11.2022 in connection with Belhar P.S. Case No. 393 of 2021 registered for the offence punishable under Sections 395/412 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is accused of committing loot of motorcycle, mobile phone and Rs. 2,46,000/- from the informant.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that nothing incriminating has been recovered from the possession of the petitioner. He next submits that the petitioner

Patna High Court CR. MISC. No.72724 of 2023(2) dt.09-11-2023 2/2 is not named in the F.I.R., his name surfaced in the confessional statement of co-accused Niwas Kumar and Prakash Kumar which has no evidentiary value. He next submits that the petitioner has not been put on T.I.P.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, 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 Additional Sessions Judge-IV, Banka in connection with Belhar P.S. Case No. 393 of 2021.

7. The petitioner is directed to mark his attendance in Banka police station on every Sunday.

8. It is made clear that any default in appearance in the aforesaid police station, as directed, would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Saif/- U T