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Patna High CourtCR. MISC./69888/2022bail granted

Suraj Noniya v. The State Of Bihar

2023-04-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69888 of 2022 Arising Out of PS. Case No.-190 Year-2020 Thana- MANJHI District- Saran ====================================================== Suraj Noniya Son Of Dharam Raj Mahto Resident Of Village- Teghra, P.S.- Manjhi, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Manjhi P.S. Case No. 190 of 2020 dated 19.07.2020 registered for the offence punishable u/s 392 and 394 of the Indian Penal Code.

As per the prosecution case, three miscreants boarded on a motorcycle dashed the motorcycle of the informant and took away Rs. 60,000/- and a mobile phone from the possession of the informant on the point of pistol. In the meantime, one

Patna High Court CR. MISC. No.69888 of 2022(2) dt.12-04-2023 2/2 miscreant inflicted blows of knife on the chest, stomach and head of the informant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused person Guddu Manjhi. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.05.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chhapra in connection with Manjhi P.S. Case No. 190 of 2020.

The application stands allowed.

atul/- (Chandra Prakash Singh, J) U T