Manohar Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.32530 of 2018 (2) dt.13-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32530 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Manohar Kumar S/o Sri Mithilesh Prasad @ Mithilesh Kumar Gupta, R/o Vill.- Dhelwa, near Government School, P.S.- Ram Krishna Nagar, DistrictPatna at present Shahid Ram Govind Singh Path, Jai Prakash Nagar, Patna G.P.O. , P.S.- Jakkanpur, District- Patna. ... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Kudhni (Turki O.P.) P.S. Case No. 18 of 2018, registered for offences alleged under Section 392 of the Indian Penal Code.

It is submitted on behalf of the petitioner that on perusal of the F.I.R. it appears that two persons had hired the pick-up van in question. However, the informant has not stated as to who had hired the vehicle in question. The allegation that the petitioner was caught on chasing while he was trying to snatch away the vehicle in question is false and concocted. It is submitted that there had been some altercations over the hiring charges of the vehicle and in course of the same the parties seem to have been indulged in

Patna High Court Cr.Misc. No.32530 of 2018 (2) dt.13-06-2018 some acts of assaults to each other, the petitioner also got injuries on his body. However, when the Police came, no arms or ammunition have been recovered from the possession of the petitioner so as to give a prima facie view that the petitioner was indulged in the case of robbery. Learned counsel submits that it is improbable that a person will go to commit robbery without carrying arms and ammunitions.

Learned APP for the State is present and has opposed the prayer for regular bail.

Considering the facts and circumstances of the case whereunder the allegation is that the vehicle in question was hired and thereafter attempts were made to snatch away the vehicle, further in course of chase when the petitioner was arrested no arms and ammunitions were recovered from his possession and the petitioner has no criminal antecedent, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 3rd West Muzaffarpur in connection with Kudhni (Turki O.P.) P.S. Case No. 18 of 2018, subject to the conditions U/S 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Arbind/ Abhishek/Ragini U T