Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77821 of 2018 Arising Out of PS. Case No.-230 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== Manish Kumar Singh son of Sri Yogendra Singh, resident of villagesahadullahpur, Police Station- Ganga Bridge Hajipur, Distt. - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Ms. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Jandaha P.S. Case No. 230 of 2018 registered for the offence punishable under Sections 392 of the Indian Penal Code.

Informant has alleged that after collecting Rs.107823/-, he was going to Center No.18 at about 12.15 p.m. and when he reached near Bisahunpur, four miscreants on two motorcycles surrounded him and snatched away the aforesaid amount of Rs.107823/- as well as his personal amount of Rs.9,000/-, ATM card, Adhar Card and other documents including his mobile. Thereafter, all the accused persons fled away. It has been submitted that petitioner is innocent and has falsely been implicated in this case due to dirty local politics. It has further been submitted that no theft article has been

Patna High Court Cr.Misc. No.77821 of 2018(3) dt.04-01-2019 2/2 recovered from the possession of the petitioner. It has been submitted that in fact the informant for cheating the company gave the money to someone else and cooked up a concocted story that the amount has been looted by the criminals. Petitioner is in custody since 14.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-XI, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 230 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

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

(S. Kumar, J) Sanjay/- U T