Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67995 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== MANISH KUMAR, (Male), aged about 23 years, Son of Yogendra Singh, Resident of Village - Sahadullahpur, P.S.- Ganga Bridge, District - Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Manish Kumar No. 2, Advocate.

For the Opposite Party :

Mrs.Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 379 of the IPC.

The prosecution story, in brief, is that the informant is a Teacher and while he was going to Hajipur, in the meantime, near Axis Bank, one vehicle dashed his Motorcycle as a result of which, he fell down. Thereafter, one person took his Motorcycle and went towards Hajipur. The said Motorcycle was searched but it cannot be traced out.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 24.05.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present

Patna High Court CR. MISC. No.67995 of 2019(2) dt.24-10-2019 2/2 case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of confession made in connection with another case. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. Neither there is recovery of any incriminating article from possession of the petitioner nor the petitioner has been put on T.I. Parade.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 the learned C.J.M. Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 152 of 2019.

(Sudhir Singh, J) U.K./- U T