Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29323 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== MUNNA KUMAR S/O SIYA RAM MANDAL R/O VILLAGEBARIYARPUR, BAHADURPUR, P.S.-BAIYARPUR, DISTRICTMUNGER. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Swapnil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sabour P.S. Case No. 196 of 2020 registered for the offence under Sections 392 and 411 of the Indian Penal Code. A tempo of the informant having registration No. BR-10GA-7826 is alleged to have been snatched on the point of gun by the miscreants.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. In fact, the petitioner has been made accused in this case merely on the basis of confessional statement of the co-accused,

Patna High Court CR. MISC. No.29323 of 2021(3) dt.22-12-2021 2/3 namely, Arun Kumar @ Paro. Nothing incriminating has been recovered from the conscious possession of the petitioner. Moreover, the co-accused, namely, Arun Kumar Mandal @ Paro and Golu Yadav have already been granted bail by different Benches of this Court vide order dated 30.07.2021 and 17.08.2021 passed in Cr. Misc. No. 23227 of 2021 and Cr. Misc. No. 11895 of 2021 respectively. The petitioner is rotting in judicial custody since 24.07.2020. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and period of custody, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Sabour P.S. Case No. 196 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled

Patna High Court CR. MISC. No.29323 of 2021(3) dt.22-12-2021 3/3 by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T