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Patna High CourtCR. MISC./12250/2022allowed

Mayank Kumar @ Mayank v. The State Of Bihar

2022-07-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12250 of 2022 Arising Out of PS. Case No.-435 Year-2021 Thana- GAYA KOTWALI District- Gaya ====================================================== MAYANK KUMAR @ MAYANK S/o Arun Kumar Resident of Piparpanti New Area, P.S.- Kotwali, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kotwali P.S. Case No. 435 of 2021 lodged under Sections 379 and 356 of Indian Penal Code.

As per the allegation made in the F.I.R. two persons snatched mobile of the informant. On the basis of number of motorcycle, informant got information that it is the present petitioner who involved in this occurrence but the family of the informant completely denied thereafter the present F.I.R. has been lodged.

Learned counsel for the petitioner submits that no T.I.P. has taken place in this case nor any such snatched mobile recovered from the petitioner. He fairly submits that there are in

Patna High Court CR. MISC. No.12250 of 2022(2) dt.07-07-2022 2/3 total 7 criminal cases pending against the petitioner but lodged by the police intentionally. It has also been submitted that the petitioner was not arrested on the spot. Petitioner is in custody since 05.10.2021 by virtue of making remand from another case. Learned counsel for the petitioner also informed that charge has already been framed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case that petitioner is in custody since 05.10.2021, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 435 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

The petitioner is directed to file an affidavit before the Trial Court that he shall not involve in any criminal activity in future. If the petitioner found involved, the prosecution is at liberty to move for cancellation of his bail bond. It has also been directed that petitioner shall appear on each and every date fixed in this case by the Trial Court, failure of non appearance for two

Patna High Court CR. MISC. No.12250 of 2022(2) dt.07-07-2022 3/3 consecutive dates, shall resulted into cancellation of his bail bond.

Accordingly, the bail application stands allowed. (Dr. Anshuman, J) ritik/- U T