Manjesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72991 of 2022 Arising Out of PS. Case No.-7 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== Manjesh Kumar Son of Late Ramautar Mahto Resident of Village- Kaj Tola Chatak Bigha, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 23.09.2022 in connection with Aurangabad (Muffasil) P.S. Case No. 07 of 2020, F.I.R. dated 08.01.2020 for the offences punishable under Sections 147, 149, 341, 342, 382, 506 of the Indian Penal Code and later on Section 395 of the Indian Penal Code was also added.

According to prosecution case, the accused persons including the petitioner forcibly entered in Sai Fish Center and taken custody of informant and other staff members. It is further alleged that they also looted Rs. 1,28,000/- cash and mobile sets and other articles.

Patna High Court CR. MISC. No.72991 of 2022(2) dt.10-04-2023 2/3 Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused persons, namely, Upendra Chaudhary and Ramdhar Chaudhary. He further submits that nothing has been recovered from the conscious possession of the petitioner and till date no T.I.P. has been conducted by the prosecution. He further submits that the except the confessional statement of the co-accused persons, no other cogent material has come to suggest the involvement of the petitioner in the present occurrence.

He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 23.09.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.72991 of 2022(2) dt.10-04-2023 3/3 (Muffasil) P.S. Case No. 07 of 2020, subject to the 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 witnesses, 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) Vanisha/- U T