Abhimnyu @ Mannu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56293 of 2017 Arising Out of PS.Case No. -57 Year- 2016 Thana -KARENDE District- SEKHPURA ====================================================== Abhimnyu @ Mannu Kumar S/o Arjun Ram, R/o Tufanganj, P.S.- Rahui, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Karandey P.S. Case No. 57 of 2016 for offences punishable under Sections 395/397 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was taking his truck loaded with food items one empty truck intercepted which was followed by four wheeler who took the mobiles and cash of Rs. 3000/-. The informant and Khalasi however managed to escape and the loaded truck was found in safe condition as the police reached there. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.56293 of 2017 (2) dt.28-11-2017 2/3 petitioner that he is innocent, not named in the F.I.R. and that his name surfaced on the confessional statement of co-accused Saurav Kumar who has been granted the privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 42558 of 2017 on 20.09.2017. He submits that there is no recovery of any incriminating articles from his possession and he is languishing in judicial custody since 12.09.2017 and that he is not yet been put on T.I. Parade.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a habitual offender and as many as 4 cases are pending against him all of similar nature. Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, 2nd Sheikhpura in connection with Karendey P.S. Case No. 57 of 2016, subject to the conditions that:

(1) Both bailors would be close relative of the petitioner having sufficient immovable property, who will file

Patna High Court Cr.Misc. No.56293 of 2017 (2) dt.28-11-2017 3/3 an affidavit stating their relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T