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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40511 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -FULKAHA District- ARRARIA ======================================================

1. MANISH RAZAK @ MANISH KUMAR RAZAK S/o Manmohan Razak, resident of Village- Nababganj (Fulkaha), P.S. Fulkaha, DistrictAraria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2018 The petitioner is in custody since 10.06.2018 in connection with Fulkaha P.S. Case No. 09 of 2018, registered for offences punishable under Sections 379, 511 and 427 of the Indian Penal Code.

Allegation as per F.I.R. is of attempt to commit theft in the ATM of S.B.I. Bank.

Submission of learned counsel for the petitioner is that the petitioner is not named in the F.I.R. and later on his name transpired on the basis of information of spy and nothing has been recovered from his possession and his name also transpired on confessional statement of co-accused person, who has already been granted bail by a Coordinate Bench of this Court vide order dated 10.07.2018 passed in Cr. Misc. No.37785 of 2018.

Patna High Court Cr.Misc. No.40511 of 2018 (3) dt.24-09-2018 2/3 Heard learned A.P.P. also, who opposed the prayer for bail of the petitioner stating that the petitioner is having criminal antecedents also.

Having heard both side, in view of the facts and circumstances as stated above and also in view of the fact that other co-accused person has been granted bail, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Araria, in connection with Fulkaha P.S. Case No. 09 of 2018, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on

Patna High Court Cr.Misc. No.40511 of 2018 (3) dt.24-09-2018 3/3 two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T