Monu Rajak @ Mounu Rajak @ Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3549 of 2018 Arising Out of PS.Case No. -639 Year- 2017 Thana -SAHARSA District- SAHARSA ======================================================

1. Monu Rajak @ Mounu Rajak @ Monu Kumar, son of Hero Rajak, resident of Mohalla- New Colony, Ward No. 8, Behind Water Tanki, P.S.+ District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 31.07.2017 in connection with Saharsa P.S. Case No. 639/2017 registered for the offences punishable under Sections 302/120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. Having heard learned counsel for the parties and considering all the facts and circumstances, it appears that the petitioner has no role to play, save and except, he is alleged to have been present there.

Learned counsel for the informant submits that the petitioner was present outside the place where the murder is said to have been committed.

Patna High Court Cr.Misc. No.3549 of 2018 (3) dt.17-02-2018 2/2 Considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa P.S. Case No. 639/2017, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T