Munna Kumar @ Jaswant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6136 of 2022 Arising Out of PS. Case No.-113 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== Munna Kumar @ Jaswant Kumar S/o Vishwajeet Yadav @ Vishwajeet Kumar Resident of Village- Deora, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within four weeks from today.

The petitioner seeks regular bail in connection with Parasbigha P.S. Case No. 113 of 2021 instituted for the offences punishable under Sections 399, 402, 412 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 11.07.2021, charge-sheet has been submitted in the case and has antecedent of three cases. Learned counsel for the petitioner submits that on 10.03.2021, after getting the information about loot of cash, mobile and purse from the driver and passenger of tempo on the

Patna High Court CR. MISC. No.6136 of 2022(2) dt.13-06-2022 2/3 point of pistol by some culprits, informant with police personnel went at the spot and caught the petitioner and other 4 accused persons and recovery of one live cartridge and one A.T.M. card from the possession of the petitioner.

Learned counsel for the petitioner further submits that the petitioner is innocent, he has been implicated in the present case due to dirty village politics and has no concern with the rest of the four accused persons in any manner.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 11.07.2021, charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Parasbigha P.S. Case No. 113 of 2021, subject to the following conditions:-

(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.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.6136 of 2022(2) dt.13-06-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) Gaurav Kumar/- U T