Patna High CourtCR. MISC./3586/2024bail granted

Manjay Kumar v. The State Of Bihar

2024-01-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3586 of 2024 Arising Out of PS. Case No.-106 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Manjay Kumar S/O Dinesh Rai R/O Village- Chainpur Bhajuar Purvi, P.SKatra, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Naanpur P.S. Case No. 106 of 2023, instituted for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

3. The prosecution case, in short, is that, it is a case of robbery in the house of the informant by 4-5 unknown miscreants. The accused persons also took away cash of Rs. 40,000/- from the sleeveless coat of the informant and a mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has been remanded in the present case from Kamtaul P.S. Case No. 70 of 2023 on 05.09.2023 on the basis of his self confession made before the police. Nothing

Patna High Court CR. MISC. No.3586 of 2024(2) dt.29-01-2024 2/2 has been recovered from the possession or from the house of the petitioner. The petitioner has not been put on Test Identification Parade. The petitioner has one criminal antecedent as has been stated in paragraph no. 3 of the present bail application. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 04.01.2024 passed in Cr. Misc. No. 83101 of 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case, the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naanpur P.S. Case No. 106 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T