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Patna High CourtCR. MISC./74004/2024allowed

Manish Singh @ Vishwajeet Singh v. The State Of Bihar

2024-12-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74004 of 2024 Arising Out of PS. Case No.-413 Year-2022 Thana- GARKHA District- Saran ====================================================== Manish Singh @ Vishwajeet Singh Son of Ramjanam Singh Resident of village- Maiki, PS- Garkha, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 366, 34 of the IPC. 3.

As per the prosecution case, the FIR named accused persons are alleged to have kidnapped the wife of the informant with an intention to perform marriage.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to enmity and grudge. There is general and omnibus allegation against the petitioner. It is further submitted that there is no specific overt act against the petitioner and there is a title suit bearing no. 757 of 2022, pending between the parties. It is

Patna High Court CR. MISC. No.74004 of 2024(3) dt.13-12-2024 2/2 further submitted that similarly situated co-accused has been granted bail by this Court vide order dated 24.10.2024 passed in Cr. Misc. No.72867 of 2024. The petitioner has eight criminal antecedent and has been rotting in judicial custody since 03.08.2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Garkha P.S. Case No.413 of 2022 subject to the following condition:

(i) The petitioner shall co-operate in the trial and shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Anjani Kumar Sharan, J) shikha/- U T