Manjay Kumar Singh @ Manjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76305 of 2023 Arising Out of PS. Case No.-456 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== MANJAY KUMAR SINGH @ MANJAY KUMAR SON OF BHARAT PRASAD SINGH @ BHARAT SINGH RESIDENT OF PUPARI, P.S. - KUDHANI O.P. (TURKI), DISTRICT - MUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Runnisaidpur P.S. Case No. 456 of 2021 registered for the offences punishable under Sections 420 and 379 of the IPC.
3. As per prosecution case, Rs. 5,40,000/- had been withdrawn from the account of informant by unknown miscreant and the case has been instituted against unknown.
4. Learned counsel submits that petitioner is in custody since 09.06.2022 and bears criminal antecedent of seven cases. Learned counsel for the petitioner submits that petitioner is not named in the FIR, during the course of investigation his name came into fore on account of self-
Patna High Court CR. MISC. No.76305 of 2023(2) dt.30-11-2023 2/3 confessional statement made by him in Muzaffarpur Town P.S. Case No. 487 of 2021 and from the said case petitioner has been implicated in several cases of similar nature in similar manner. Except self-confessional statement, there is nothing on record to demonstrate the complicity of petitioner with the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. He further submits that co-accused Rajesh Kumar and Md. Zaffar Ekbal have already been granted bail vide Cr. Misc. No. 71035 of 2022 and Cr. Misc. No. 4590 of 2023 by co-ordinate Benches of this Court and the case of present petitioner stands on similar footing. Learned counsel further submits that petitioner is quite innocent and has committed no offence as alleged in the FIR.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, co-accused have already been granted bail, 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 learned CJM
Patna High Court CR. MISC. No.76305 of 2023(2) dt.30-11-2023 3/3 Sitamarhi in connection with Runnisaidpur P.S. Case No. 456 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(Alok Kumar Pandey, J) vashudha/- U T