Monu Kumar @ Munnu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13395 of 2024 Arising Out of PS. Case No.-470 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== Monu Kumar @ Munnu Rai S/o Feku Rai @ Pheku Ray R/o vill - Sonar, P.S. - Riga, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 414 of the IPC and 25(1-B)a, 26, 35 of the Arms Act.

3. The learned counsel for the petitioner submits that petitioner has antecedent of four cases and has been falsely implicated in the instant case by the informant with an allegation that during routine check up a motorcycle was asked to stop, but one person fled while one was apprehended who disclosed his name as Dinbandhu Kumar and from whose possession a countrymade loaded pistol along with live cartridges were recovered. It is next submitted that the petitioner came to be implicated on the ground that the motorcycle which was seized belonged to him. It is further submitted that

Patna High Court CR. MISC. No.13395 of 2024(2) dt.19-03-2024 2/3 petitioner was not even present at the place of occurrence and he was completely unaware that Dinbandhu Kumar would misuse the vehicle in the manner as alleged. The learned counsel next submits that petitioner will not abscond rather will cooperate in the investigation.

4. The learned APP opposes the anticipatory bail application.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., VI, Sitamarhi in connection with Riga P.S. Case No.470 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with further condition that one of the bailor shall be his father Feku Rai @ Pheku Ray.

6. It is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the investigation or

Patna High Court CR. MISC. No.13395 of 2024(2) dt.19-03-2024 3/3 is not presenting himself when required, in that event, the learned trial court shall be at liberty to forthwith cancel the bail bonds of the petitioner forthwith and to take all coercive steps to ensure that petitioner is behind bar.

7. It is further made clear that if the police after investigation submits charge sheet connecting the petitioner with the offence, in that event, the present anticipatory bail order shall loose its effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T