Mukesh Majhi @ Mukesh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69133 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- SRINAGAR District- West Champaran ====================================================== MUKESH MAJHI @ MUKESH MANJHI Son of Chokat Manjhi Resident of Village-Nimuiya Kund, Police Station-Srinagar Pujaha, District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the parties.
Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 413, 414, 420, 467, 468, 471/34 of the Indian Penal Code and Section 25(1-b), a, 26(1) and 35 of the Arms Act.
Informant who is police office in his self statement has stated that he received confidential information that five miscreants have assembled with four stolen motorcycles in order to sell them, and as informant arrived at said place one miscreant managed to escape however four were nabbed and from possession co-accused country made pistol and cartridge were recovered, however, from possession of petitioner stolen motorcycle was recovered.
Patna High Court CR. MISC. No.69133 of 2019(3) dt.14-01-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case and nothing has been recovered from his possession. Similarly, situated co-accused persons namely Wakil Chaudhary and Manoj Chaudhary have been granted bail by co-ordinate benches of this Court vide orders dated 17.10.2019 in Criminal Miscellaneous No. 61604 of 2019 and 22.10.2019 in Criminal Miscellaneous No. 63564 of 2019. Petitioner has got no criminal antecedent and is in custody since 30.06.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Srinagar (Pujaha) P.S. Case No. 34 of 2019, 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
Patna High Court CR. MISC. No.69133 of 2019(3) dt.14-01-2020 3/3
(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) ranjan/- U