Manish Kumar @ Manish Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66618 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- SOHSARAI District- Nalanda ====================================================== MANISH KUMAR @ MANISH PANDEY S/o Amrendra Prasad R/o Mohalla- Sohan Kuan Ram Chandrapur, P.S.- Laheri, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 393 of the Indian Penal Code. Counsel for the petitioner submits that petitioner is not named in the F.I.R. No Test Identification parade has been held. No incriminating article has been recovered from his possession. Name of the petitioner has come during investigation on the basis of statement of spy and one witness Pankaj Kumar @ Pankaj Malakar as mentioned in the impugned order. Learned counsel for the petitioner further submits that similarly situated co-accused Abhay Kumar @ Baua Yadav has been granted the privilege of bail by a coordinate Bench of this Court vide order dated 03.09.2019 in Cr. Misc. 40426 of 2019.

Patna High Court CR. MISC. No.66618 of 2019(2) dt.06-11-2019 2/2 Petitioner is languishing in judicial custody since 31.08.2019. In the facts and circumstances of the case, let the petitioner, above named, 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 the learned C.J.M., Nalanda at Biharsharif in connection with Sohsarai Police Station Case No. 06 of 2019, subject to the conditions that: (I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) 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. (Anjani Kumar Sharan, J) devendra/- U T