Mrinal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10771 of 2020 Arising Out of PS. Case No.-214 Year-2019 Thana- BIKRAM District- Patna ====================================================== MRINAL KUMAR, S/o Panchanand Yadav, Resident of Village - Naghar, P.S. - Bikram and Distt. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No. 2, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-06-2020 The matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act. A firearm and a live cartridge were allegedly recovered from possession of the petitioner. Petitioner is in custody since 11.07.2019. Earlier prayer for bail to the petitioner was refused on 14.01.2020 vide order at Annexure-1 with a liberty to renew the prayer for bail after framing of the charge. Submission is that charges have already been framed. Considering the period already undergone by the petitioner as under trial prisoner, let the petitioner, above named,

Patna High Court CR. MISC. No.10771 of 2020(2) dt.05-06-2020 2/2 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 learned Court below where the case is pending in connection with Sessions Trial No. 01 of 2020/Tr. No. 02 of 2020 arising out of Bikram Police Station Case No. 214 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned court below.

If the petitioner would not be able in furnishing sureties due to lockdown, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

(Birendra Kumar, J) Kundan/- U T