Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81056 of 2023 Arising Out of PS. Case No.-225 Year-2023 Thana- SONO District- Jamui ====================================================== MANISH KUMAR Son of Shri Rupnarayan Singh R/o vill - Ghatiyani, P.S. - Chandramandih, Distt. - jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Mahto, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sono P.S. case No. 225 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution allegation, in short, is that, when the informant was returning after collecting installment money, three unknown miscreants, on the point of pistol, robbed the informant and fled away with cash and tab having IMEI No. 35214090550461 from his possession.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.07.2023 and has 4 criminal antecedents but he is on bail in all the cases. The petitioner is not named in the FIR. The name of the petitioner has transpired only on the basis of the confessional statement of the co-accused

Patna High Court CR. MISC. No.81056 of 2023(2) dt.22-12-2023 2/2 namely, Bipin Kumar Mandal. He further submitted that no T.I.P. has been conducted as yet.

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

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sono P.S. case No. 225 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T