Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21833 of 2021 Arising Out of PS. Case No.-679 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MOHIT KUMAR Son of Ram Briksha Sah@Ram Briksha Prasad Resident of Village - Lakri Dai, Ananad Baag Colony, Chandwara, P.S.- Town, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Abu Haidar, Advocate Mr.Sunil Kumar Tiwari, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in connection with Town P.S. Case No. 679 of 2020 registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act and Section 20/22 of the N.D.P.S. Act.

Petitioner and other accused are said to have been assembled to commit robbery and one country made loaded pistol and a live cartridge was recovered from possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has

Patna High Court CR. MISC. No.21833 of 2021(3) dt.16-11-2021 2/3 been falsely implicated in the present case. Learned counsel further submits that co-accused Moti Kumar has been granted bail by a co-ordinate Bench of this court vide order dated 05.08.2021 passed in Cr. Misc. No. 26712 of 2021. Petitioner is in custody since 20.10.2020 having no criminal antecedent. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Muzaffarpur in connection with Town P.S. Case No. 679 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.21833 of 2021(3) dt.16-11-2021 3/3 prosecution will be at liberty to move for cancellation of bail.

(Rajesh Kumar Verma, J) shahzad/- U T