Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15057 of 2018 Arising Out of PS.Case No. -285 Year- 2017 Thana -PANCHRUKHI District- SIWAN ====================================================== Manish Kumar son of Naresh Yadav @ Naresh Pradad Yadav, resident of Professor Colony, R.L.S.Y. College. P.S. Mufassil, District-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Pachrukhi (Sarai) P.S. Case No. 285 of 2017 for offences punishable under Sections 413, 414, 467, 468, 420, 120(B) of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that 8-10 persons in a suspicious condition were found near two pickup vans and two Bolero vehicles and three were apprehended including the petitioner but other persons escaped who were later on named by the apprehended accused persons. It has been submitted by the learned counsel for the petitioner that he is innocent, was taken in custody from 7.12.2017

Patna High Court Cr.Misc. No.15057 of 2018 (2) dt.15-03-2018 2/3 in connection with Siwan (Sarai) O.P. P.S. Case No. 461 of 2017 and was languishing in custody since then. As such, he would not have been present at the place of occurrence and would not have been arrested again on 11.12.2017 in the present which falsifies the prosecution story. He submits that no such offence has been committed and just because the petitioner has a criminal history, he has been unscrupulously roped in the present case. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI Siwan in connection with Pachrukhi (Sarai) P.S. Case No. 285 of 2017, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature

Patna High Court Cr.Misc. No.15057 of 2018 (2) dt.15-03-2018 3/3 in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T