Manish Kumar Vs The State of Bihar

For the Petitioner/s : Mr. Dwij Raj, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 06-12-2024

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Heard Mr. Dwij Raj, learned counsel for the petitioner

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and Mr. Umeshanand Pandit, learned APP for the State.

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Petitioner seeks bail, who is in custody since 31.08.2024 in connection with Sahiryara P.S. Case No. 55 of 2024, F.I.R. dated 02.05.2024 registered for the offences punishable under Sections 395, 397 of the Indian Penal Code.

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The F.I.R. of the occurrence of dacoity is against

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unknown.

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Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely been implicated in the present case. The petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of coaccused person, namely, Anish Sah and except the aforesaid, no

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Patna High Court CR. MISC. No.85258 of 2024(2) dt.06-12-2024 2/3

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other cogent material has come during the investigation to suggest the involvement of the petitioner in the present occurrence and no TIP was conducted by the prosecution. The petitioner is in custody since 31.08.2024.

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Learned counsel for the State has vehemently opposed the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sahiryara P.S. Case No. 55 of 2024, subject to the following conditions:-

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(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(3) And, further condition that the court below shall

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Patna High Court CR. MISC. No.85258 of 2024(2) dt.06-12-2024 3/3

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verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Harshita/-

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U T

Manish Kumar v. The State of Bihar

Case brief

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Manish Kumar v. The State of Bihar

Case brief

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