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Patna High CourtCR. MISC./71638/2024bail granted

Manish Kumar v. The State Of Bihar

2024-11-22Mr. Justice S. B. P. Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71638 of 2024 Arising Out of PS. Case No.-500 Year-2024 Thana- BIHAR District- Nalanda ====================================================== Manish Kumar Son of Surya Narayan @ Surya Narayan Yadav Resident of Village- Kharagpur, PS- Chandradeep, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 417, 418, 419, 420, 384, 170, 171 and 120(B)/34 of the IPC.

3. It is alleged against the petitioner that he went at the house of the informant in a police uniform and pressurized and threatened to withdraw the case which was filed by the informant against one Manish Kumar. Subsequently, from the house of the petitioner, several police uniforms were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. As per allegation, there is no iota of wrongful gain

Patna High Court CR. MISC. No.71638 of 2024(3) dt.22-11-2024 2/3 or wrongful loss to anyone by alleged cheating. During investigation, it has also not came in light that petitioner has extorted or demanded any illegal amount to any person or the informant itself. The petitioner was not arrested in a police uniform and whatever articles were seized, it were seized in a rented room of the petitioner. The charge-sheet has already been submitted. The petitioner is languishing in custody since 30.06.2024.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Since the petitioner is in custody since 30.06.2024 and one co-accused namely, Pappu Yadav @ Pappu Kumar has been granted bail by this Court vide order dated 17.10.2024. Keeping in the view the aforesaid facts and considering the period of custody 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 Chief Judicial Magistrate, Nalanda in connection with Biharsharif P.S. Case No. 500 of 2024, subject to following conditions:- (i) one of the bailor should be the family member/relative of the petitioner.

Patna High Court CR. MISC. No.71638 of 2024(3) dt.22-11-2024 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (S. B. Pd. Singh, J) prabhakar/- U