Munna Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18418 of 2021 Arising Out of PS. Case No.-10 Year-2020 Thana- RAMGARHWA District- East Champaran ====================================================== Munna Patel Son of Suresh Patel Resident of Village - Nayak Tola, P.S. - Adapur, District - East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon, Adv.
For the Opposite Party/s :
Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. When the informant was returning from the Bank, three unknown criminals on a gun point snatched his bag containing Rs. 8 lakhs and fled away on their motorcycle. Learned counsel for the petitioner submits that petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that nothing has been recovered from the conscious possession of the petitioner and no TIP has been done as yet. He submits that similarly situated co-accused has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 35995 of 2020 on 22.01.2021. He further submits that petitioner bears five criminal antecedent as stated
Patna High Court CR. MISC. No.18418 of 2021(2) dt.29-07-2021 2/3 in para-3 of the bail application and he is languishing in judicial custody since 24.06.2020.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ramgharwa P.S. Case No. 10 of 2020, subject to the conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He 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 and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that
Patna High Court CR. MISC. No.18418 of 2021(2) dt.29-07-2021 3/3 he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T