Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8670 of 2022 Arising Out of PS. Case No.-162 Year-2020 Thana- BARURAJ District- Muzaffarpur ====================================================== Monu Kumar Son of Shyambabu Giri Resident of Village- Manguraha, P.S.- Baruraj, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Baruraj P.S. Case No. 162 of 2020 registered for the offence under Section 392 of the Indian Penal Code but chargesheet submitted under Sections 395 and 120(b) of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 04.12.2020.

As per the prosecution case, some unknown miscreants looted the shop of the informant on the point of pistol.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced during the course of investigation. It is further submitted that petitioner has not

Patna High Court CR. MISC. No.8670 of 2022(2) dt.07-06-2022 2/3 been put on T.I.P. While arguing over the matter, it is further submitted that similarly situated co-accused persons have been granted bail by this Hon'ble Court vide order dated 29.03.2022 and 29.04.2022 passed in Cr. Misc. No. 56976 of 2021 and Cr. Misc. No. 59375 of 2021 respectively.

Learned APP appearing on behalf of the State fairly conceded that similarly situated co-accused persons have already been granted bail by this Hon'ble Court. Considering the facts and circumstances as mentioned above and as the similarly situated co-accused persons have already been granted bail by this Hon'ble Court, let the petitioner, above named, is directed to be released on bail in connection with Baruraj P.S. Case No. 162 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Muzaffarpur, subject to the following conditions:

"(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond

Patna High Court CR. MISC. No.8670 of 2022(2) dt.07-06-2022 3/3 of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be properly represented on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground duly supported by the documents.

(iii) That one of the bailors shall be the close relative of the accused/ petitioner like mother/father/sister/brother.

(iv) That if the petitioner tamper with the evidence or the witnesses of the case, in that case, State will be at liberty to move for cancellation of bail bond of the petitioner."

(Chandra Shekhar Jha, J) Ankit/- U T