Patna High CourtCR. MISC./17541/2022bail granted

Murari Kumar @ Murari Kumar Singh v. The State Of Bihar

2022-07-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17541 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- MANIYARI District- Muzaffarpur ====================================================== MURARI KUMAR @ MURARI KUMAR SINGH S/o Arvind Kumar Singh @ Arvind Kumar Resident of Village- Dhumnagar, P.S.- Motipur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manindra Kishore Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.

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

The petitioner is in judicial custody in connection with Maniyari P.S. Case No. 19 of 2022 for the offences under Sections 413, 414/34 of the Indian Penal Code and Section 25(1-B)a, 26 and 35 of the Arms Act.

The allegation in the FIR is that the police in course of patrolling duty intercepted a motorcycle in which beside the person driving the motorcycle, two others were pillion rider. They were searched and it is alleged that from the petitioner herein one loaded revolver, one cartridge and a mobile were

Patna High Court CR. MISC. No.17541 of 2022(2) dt.21-07-2022 2/3 recovered/seized. As he failed to provide documents relating to the said revolver, he was taken into custody. Learned counsel for the petitioner submits that he being a pillion rider became an accused in the case and he is in jail since 16.01.2022 (as stated in paragraph-9 of the bail application). He further submits that he has one criminal antecedent in which he is on bail.

Taking into account the aforesaid facts that charge sheet stands submitted, this court is inclined to grant him the privilege of bail with certain conditions in view of the fact that the petitioner 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 Judicial Magistrate, 1st Class, West Muzuffarpur in connection with Maniyari P.S. Case No. 19/2022, subject to the following conditions:- (i) one of the bailor should be the family member 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.17541 of 2022(2) dt.21-07-2022 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) Jagdish/- U T