Manoj Kumar @ Manoj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33270 of 2017 Arising Out of PS.Case No. -197 Year- 2016 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== MANOJ KUMAR @ MANOJ KUMAR SAH, Son of Shiv Kumar Sah, Resident of Village Khokhsaha, P.S.- Bibhutipur, Dist.- Samastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sabal Kumar Jha For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Cheriyabariyarpur P.S. Case No. 197 of 2016 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and 25(1-B)(a), 26 & 35 of the Arms Act. Allegation as per FIR is that accused persons, including the petitioner were apprehended while making preparation for committing dacoity and from possession of petitioner one country made pistol was recovered.

Submission of learned counsel for the petitioner is that petitioner has falsely been implicated in this case and he is in custody for nine months. Further submission is that petitioner has been made accused in two other cases but he is on bail in those cases.

Patna High Court Cr.Misc. No.33270 of 2017 (4) dt.04-09-2017 2/2 Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and in view of facts and circumstances, let petitioner, above named, be released 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 Additional Chief Judicial Magistrate, Manjhoul at Begusarai, in connection with Cheriyabariyarpur P.S. Case No. 197 of 2016, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned,

(2) Petitioner will mark his attendance in the local police station in first week of every month till the conclusion of trial, failing which the prosecution will be at liberty to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) spal/- U