Manish Baitha @ Manish Kumar Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89485 of 2024 Arising Out of PS. Case No.-426 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Manish Baitha @ Manish Kumar Baitha, S/o- Chheadi Baitha Village- Raipur Ps- Nanpur Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar, Advocate For the Opposite Party/s :
Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 10-01-2025 In view of the judgement passed in Rajpal v. State of Rajasthan, reported in 2023 SCC OnLine SC 1714, the application for bail is assigned to this Court for disposal.
2. I have heard the learned counsels for the petitioner as well as the learned counsel for the State.
3. The petitioner, along with others, was implicated in a case under Sections 399 and 402 of the IPC and Sections 25(1b), 26, and 35 of the Arms Act. It is on record that the coaccused persons were granted bail. One of such bail applications was disposed of by this Court. So far as the present petitioner is concerned, he was not even arrested from the alleged place of occurrence. No arms or weapons were recovered from his possession. He has been implicated in this case on the basis of the statement made by co-accused persons, which cannot be
Patna High Court CR. MISC. No.89485 of 2024(2) dt.10-01-2025 2/2 treated as incriminating material against the present petitioner.
4. Learned Additional Public Prosecutor has raised no objection, if the bail is granted to the petitioner.
5. In view of such circumstances, the petitioner may be granted bail on his furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, one of whom must be a local surety, to the satisfaction of the learned S.D.J.M., Pupri, Sitamarhi with further condition that he must comply with the conditions, namely, he would not persuade or threaten the witnesses and would be present in the Court below during trial on all dates.
6. Failure on the part of the petitioner to comply with any of the above directions, will entail the learned Court below to cancel the bail without any further order. (Bibek Chaudhuri, J) uttam/- U T