Patna High CourtCR. MISC./75556/2019bail granted

Manoj Kumar v. The State Of Bihar

2019-12-05Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 75556 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== MANOJ KUMAR Son of Late Bihari Ram Resident of Village- Vashist Colony, Anisabad P.S.- Phulwarisharif, Dist- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ Manu For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 364, 302, 201, 120B/34 of Indian Penal Code. It is submitted by the petitioner's counsel that the petitioner's name has surfaced in the instant case merely on the basis of confessional statement of co-accused Rajesh Kumar, who has been allowed bail by this Court in Cr Misc No 44664 of 2019. Other co-accused, namely, Tiraju Paswan has also been allowed bail by this Court in Cr Misc No 59219 of 2019. The petitioner is not named in the first information report and has no concern with the occurrence.

Learned APP for the State has opposed the prayer.

Patna High Court CR. MISC. No.75556 of 2019(2) dt.05-12-2019 2/2 Considering the rival submissions, this Court is inclined to accept the submission of the petitioner's counsel. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate -cum- Sub Judge IV, Patna in Shashtrinagar Police Station Case No 173 of 2019 dated 24.02.2019 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T