Manish Kumar @ Manish Kumar Singh @ Manish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74689 of 2023 Arising Out of PS. Case No.-121 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== Manish Kumar @ Manish Kumar Singh @ Manish Singh S/O Late Ashok Kumar Singh Village- Nirpur, Ps. Muffasil, Dist. Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-02-2024 Heard Mr. Kundan Kumar, learned counsel for the petitioner and Mr. Nirmal Kumar Sinha, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Jandaha P.S. Case No. 121 of 2020, F.I.R. dated 03.08.2020 registered for the offences punishable under Section 392 of the Indian Penal Code and later on chargesheet has been filed against the petitioner and other co-accused persons under Sections 395 and 412 of the Indian Penal Code.

3. The F.I.R. of the occurrence of loot is against unknown.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the

Patna High Court CR. MISC. No.74689 of 2023(3) dt.29-02-2024 2/3 petitioner has been transpired during investigation on the basis of confessional statement of co-accused persons persons namely Brajesh Kumar and Manjay Lal Das which was recorded in paragraph nos. 49 and 69 of the case diary. He further submits that except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner and submits that from perusal of paragraph nos. 49 and 69 of the case diary co-accused persons have categorically stated that the petitioner was involved in the present crime in question and apart from that the petitioner is also involved in seven cases which is pending against the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 121 of 2020, subject to

Patna High Court CR. MISC. No.74689 of 2023(3) dt.29-02-2024 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T