Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8006 of 2017 Arising Out of PS.Case No. -172 Year- 2010 Thana -BEUR District- PATNA ====================================================== Manoj Kumar, son of Surya Dev Prasad, resident of Village- Bahadur Bigha, P.S.- Masaurhi, Dist.- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kulanand Jha, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Beur P.S.Case No. 172 of 2010 registered for the offences punishable under Section 396 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that except confessional statement there is nothing against the petitioner and he has remained in custody for six months and has no criminal antecedent, which is stated in paragraph-3 of the petition.

Heard learned APP also, who has not controverted the aforesaid fact.

Having heard both sides and considering the fact that through this case registered under Section 396 IPC but except confessional statement, as submitted by learned counsel for the petitioner, there is nothing against him and he has remained in custody for six months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees

Patna High Court Cr.Misc. No.8006 of 2017 (2) dt.23-02-2017 2/2 twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Beur P.S.Case No. 172 of 2010, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(iv) If the petitioner is indulged in such type of offences in future, the prosecution will be at liberty to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U