Patna High CourtCR. MISC./19800/2023bail granted

Mohan Bind v. The State Of Bihar

2024-05-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19800 of 2023 Arising Out of PS. Case No.-161 Year-2020 Thana- TILAUTHU District- Rohtas ====================================================== MOHAN BIND S/O LATE HARIBANS BIND R/v- Magajpura, P.S.- Chenari, District- Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. At the outset, learned counsel for the petitioner has submitted that the defect/s as pointed out by the office has been removed through supplementary affidavit.

3. The petitioner has preferred this application for grant of regular bail in connection with Tilauthu P.S. Case No. 161 of 2020 dated 02.12.2020 registered for the offences punishable u/ss 387, 506, 120B of the Indian Penal Code and sections 14, 16, 18, 20, 40 of the UAPA Act.

4. As per the prosecution case, 12-15 unknown persons variously armed are alleged to have come to the

Patna High Court CR. MISC. No.19800 of 2023(3) dt.17-05-2024 2/3 construction site and threatened the informant and other staff and they demanded levy from them.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up during the course of the investigation. Similarly situated co-accused has already been granted bail by this court vide order dated 07.07.2023 passed in Cr. Misc. No. 36637 of 2023. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 20.10.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged 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 concerned, Rohtas in connection with Tilauthu P.S. Case No. 161 of 2020, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every

Patna High Court CR. MISC. No.19800 of 2023(3) dt.17-05-2024 3/3 date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T