Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16945 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- RISIYAP District- Aurangabad ====================================================== Monu Kumar Son Of Anil Singh @ Anil Kumar Singh R/O VillageBharthauli, P.S.- Aurangabad Mufassil, District- Aurangabad (BIHAR) ... ... Petitioner

Versus

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

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-08-2022 No one appears for the petitioner.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case has been registered under Section 393 of the Indian Penal Code in connection with Risiup P.S. Case No. 7/2022.

The allegation in the F.I.R. is that the informant gave written statement that when he was returning home, two persons on a motorcycle overtook him and tried to snatch his bag and the motorcycle. When some colleagues of his saw the incident they stopped. By that time, the miscreants tried to escape from the place of occurrence but with the help of his colleagues one of them was apprehended. He was Rahul Kumar Singh and he named this petitioner as the accomplish who

Patna High Court CR. MISC. No.16945 of 2022(3) dt.04-08-2022 2/3 escaped from the place of occurrence.

In this case, case diary was called for on 18.07.2022. From perusal of the case diary it seems that petitioner was not apprehended from the place of occurrence. His name cropped up in the confessional statement of coaccused Rahul Kumar Singh and he is in custody since 13.01.2022 (as stated in para-15 of the bail application). Taking into account the aforesaid facts as also the fact that charge-sheet stands submitted and the petitioner is in custody since 13.01.2022, this Court is inclined to grant him the privilege of bail subject to certain conditions in view of the fact that he has criminal antecedent.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Principle Judge, Special Judge M.P./ M.L.A., Aurangabad (Bihar) in Risiup P.S. Case No. 07/2022 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.16945 of 2022(3) dt.04-08-2022 3/3 dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/nikuU T