Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1861 of 2024 Arising Out of PS. Case No.-602 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Manish Kumar S/O Ram Parvesh Yadav R/O Vill-Indai, Ps-Sheikhpura, DisttSheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Sheikhpura P.S. Case No.602 of 2023, lodged on 09.09.2023, under Sections 379/414 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against five named accused persons, who were apprehended by the police when they were planning to commit crime as alleged by the police. Upon apprehension those arrested accused persons including the petitioner have not replied plausible explanation to the police due to which the present FIR has been lodged on the apprehension that many events of mobile and money snatching are going on in the locality.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1861 of 2024(2) dt.24-01-2024 2/3 petitioner is innocent and has committed no offence. He submits that from the seizure-list it transpires that from the petitioner recovery of one Realme mobile has been made. Counsel submits that the said mobile belongs to the petitioner. Counsel submits that the petitioner is in custody since 10.09.2023. The petitioner is accused in one more criminal case under Section 392 IPC in which he is on bail.

5. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura, in connection with Sheikhpura P.S. Case No.602 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

Patna High Court CR. MISC. No.1861 of 2024(2) dt.24-01-2024 3/3 (ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T