Allowed bail to the petitioner in a case involving offences under Sections 399, 402, 414 IPC and Arms Act after noting that recovery was made from co-accused but not from him.
Released on bail Rs. 10,000/- with two sureties of Rs. 10,000/- each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76467 of 2019
Arising Out of PS. Case No.-135 Year-2018 Thana- CHAPRA MUFFASIL District- Saran
======================================================
MANU RAI @ MANU KUMAR Son of Raju Kumar @ Raju Rai Resident of Village - Chhota Telpa, Ward No. -18, P.O.- Sahebganj, P.S.- Chhapra Moffasil, District- Saran at Chhapra
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Maheshwar Prasad For the Opposite Party/s : Mr.Shyam Bihari Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 11-12-2019
Heard learned Counsel for the petitioner and the learned APP for the State.
Petitioner is in custody in Chhapra Moffasil PS Case No. 135 of 2018 registered under Sections 399, 402, 414 of the IPC and Section 25(1-b)a, 26, 35 of the Arms Act.
It is submitted that even as per prosecution case recovery in respect of the occurrence have been made from coaccused Rakatu Kumar, Anshu Kumar and Tuntun Rai who have been allowed bail in Cr. Misc. Nos. 44224/2019, 46220/2018 and 37541/2018. Petitioner is in custody since 25.4.2019 and no recover has been made from him.
Submission is of false implication merely on the basis of statement of co-accused. Petitioner is on bail as per statement of the counsel in other cases detailed in para 3 of the petition.
Considering the aforesaid submissions as also the facts and circumstances of the case, prayer for bail of the
Patna High Court CR. MISC. No.76467 of 2019(2) dt.11-12-2019 2/2
petitioner is allowed.
Let the petitioner above named 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 Additional Sessions Judge, II, Saran at Chapra in Chhapra Muffasil PS Case No. 135 of 2018, Sessions Trial No. 298/2019 subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.
(Madhuresh Prasad, J)
SNkumar/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in Chhapra Mofussil PS Case No. 135 of 2018.
4 provisions across 2 enactments
Manu Rai @ Manu Kumar
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
