Monu Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18684 of 2022 Arising Out of PS. Case No.-349 Year-2021 Thana- BHELDI District- Saran ====================================================== 1.

Monu Kumar Sinha.

2.

Shreekant Sinha.

Both Son Of Pramod Kumar Sinha @ Pramod Kumar R/O VillageSobhepur, P.S.- Bheldi, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ankur Prakash Sinha, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-07-2022 Heard Mr.Ankur Prakash Sinha, learned counsel for the petitioner, and the learned APP for the State. Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioners, full brothers are accused in the present case and is in judicial custody in connection with Bheldi P.S. Case No.349/2021 instituted under Sections 413, 414 of the Indian Penal Code.

As per the allegation, the police during vehicle checking, intercepted the motorcycle of the present accused and when the documents were demanded, as they failed to show, the motorcycle was recovered/seized and the two petitioners were taken into custody.

Patna High Court CR. MISC. No.18684 of 2022(2) dt.28-07-2022 2/3 Learned counsel for the petitioners submit that for the said alleged fault of them, both full brothers, they have already suffered by being in jail since 04.11.2021 (as stated in para-11 of the bail application). It has further been submitted by learned counsel that while the petitioner no.1 is a labour and the bread earner of the family, the petitioner no.2 is a student and they are suffering by being in jail. He lastly submits that they do not have any criminal antecedent.

Let both the petitioners be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Bheldi P.S. Case No.349/2021 to the satisfaction of learned Judicial Magistrate, Ist Class, Saran at Chapra, subject to following conditions:

(i) one of the bailor should be the family member of the petitioners, who shall provide official document to show his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of their bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.18684 of 2022(2) dt.28-07-2022 3/3 police station every month for next six months to mark their presence;

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

(Rajiv Roy, J) Prakash Narayan /- U T