Mangar Rai @ Amit Rai @ Mangar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77698 of 2018 Arising Out of PS. Case No.-98 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Mangar Rai @ Amit Rai @ Mangar S/o Sri Darshan Rai, R/o vill.- Sabalpur, P.S.- Sonepur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv, Mr.Malay Kumar Choudhary, Adv and Ms. Babita Kumari, Adv For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in S.Tr. No. 526 of 2018 arising out of Kanti P.S. Case No. 98 of 2018 registered for the offence punishable under Sections 363, 365 of the Indian Penal Code.

Informant in his written complaint has stated that his son went from the house on 02.03.2018 at about 11:30 pm without giving any information who was wearing white T-shirt, Night Pant and Blue Sweater and thereafter he became traceless. FIR is against unknown.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this

Patna High Court Cr.Misc. No.77698 of 2018(3) dt.18-01-2019 2/3 case on mere suspicion. He is not named in the FIR. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 22.11.2018 in Criminal Miscellaneous No. 44272 of 2018. Petitioner has got no criminal antecedent and is in custody since 09.03.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Muzaffarpur, in connection with S.Tr. No. 526 of 2018 arising out of Kanti P.S. Case No. 98 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court Cr.Misc. No.77698 of 2018(3) dt.18-01-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U