Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10901 of 2024 Arising Out of PS. Case No.-310 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== Monu Kumar S/O Lal Babu Prasad R/O Village- Kuari Madan, Ward No. 2, P.S- Mejorganj, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Mejorganj P.S. Case No.310 of 2023, lodged on 19.10.2023, under Sections 25(1-b)A/26/35 of the Arms Act.

3. As per the prosecution, FIR has been lodged against seven named accused persons. It has been alleged in the FIR that from possession of the present petitioner one country-made pistol and one live cartridge have been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner is in custody since 20.10.2023 having no criminal antecedent. Counsel submits that charge sheet has already been filed.

Patna High Court CR. MISC. No.10901 of 2024(2) dt.22-02-2024 2/3

5. Learned counsel for the State opposes the prayer for bail and submits that from the possession of petitioner one country-made pistol and one live cartridge have been recovered.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail one month after framing of the charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sitamarhi, in connection with Mejorganj P.S. Case No.310 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions: (i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.10901 of 2024(2) dt.22-02-2024 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T