Monu Kumar @ Monu Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7987 of 2017 Arising Out of PS.Case No. -199 Year- 2016 Thana -BAHERI District- DARBHANGA ====================================================== Monu Kumar @ Monu Kumar Mandal, son of Kamal Mandal, resident of Village- Sunderban Dhanauli, P.S.- Baheri, District- Darbabga, .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Yugul Kishore, Sr.Advocate with Mr. Ugranath Mallik, Advocate For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Baheri P.S.Case No. 199 of 2016 registered for the offences punishable under Sections 379 and 411/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR but later on on the basis of confessional statement he has been made accused in this case and he has remained in custody for three and a half months and has no criminal antecedent.

Heard learned APP also, who has opposed the prayer for bail stating that on his confessional statement motorcycle was recovered from the house of co-accused.

Having heard both sides and considering the fact that no doubt petitioner is not named in the FIR but motorcycle has been recovered on the basis of his confessional statement from one co-accused and considering the fact that petitioner has no criminal antecedent and has remained in custody for three and a half months, let the petitioner, above named, be released on bail on

Patna High Court Cr.Misc. No.7987 of 2017 (2) dt.23-02-2017 2/2 furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IX-cum-Judicial Magistrate, 1st Class, Darbhanga, in connection with Baheri P.S.Case No. 199 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(iv) If petitioner is indulged in such type of cases in future, prosecution will be at liberty to move cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U