Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20341 of 2022 Arising Out of PS. Case No.-12 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== Monu Kumar Son Of Raj Kishor Sah @ Raj Kishor Prasad R/O VillageJagiraha, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-07-2022 Let the defects, if any, be removed within four weeks from today.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered in connection with Dumariyaghat P.S.Case No. 12 of 2022 for the offences punishable under Sections 414, 420, 467, 468, 379/34 of the Indian Penal Code.
As per the prosecution case, it is alleged that six FIR named accused persons after committing theft of a truck laden with sugar bags brought in the village and were trying to sell it to other traders. The police conducted raid and different number of bags of sugar were recovered from various persons including this petitioner. It is alleged that on search being made total 40 bags of Sugar was
2/4 recovered from godown of the petitioner , which is alleged to have been purchased on half of the price.
Learned senior counsel appearing on behalf of the petitioner submits that petitioner is not named in the FIR. However, during course of investigation, the police conducted the raid of godown of the petitioner and on search being made total 40 bags of sugar, has been recovered from the godown. It is evident from the FIR, that the bag of sugar recovered from the godown of this petitioner. Save and except the allegation that he has purchased 40 bags of sugar on half price, there is no other material. It is next submitted that petitioner running a shop and godown and the alleged recovered sugar was purchased by the father of the petitioner namely, Rai Kishore Prasad and the said godown belongs to his father.
It is next submitted that the petitioner possess GST bill and other invoice bills which show the alleged recovered sugar bags are not stolen property. It is next submitted that other co-accused persons having similar allegation, namely Manoj Kumar Sah, has been granted bail in Cr. Misc. No. 14101 of 2020 vide order dated 18.07.2022 by this Court and the copy of which has been produced and kept on record. Petitioner is in custody since 20.01.2022, having fair antecedent.
On the other hand, learned counsel for the State opposed the bail application of the petitioner.
Having heard the rival contentions of the parties and
3/4 taking into consideration the fact that petitioner is not named in the FIR and there is no allegation of theft of sugar bags against him and the alleged sugar bags have been recovered from the godown of the petitioner, apart from that co-accused persons having similar allegation have already been granted bail by this Court. moreover, petitioner is in custody since 20.01.2022, though investigation has already been concluded and the charge sheet has been submitted, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Motihari East Champaran in connection with Dumariyaghat P.S Case no. 12 of 2022 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial. (ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled. (Harish Kumar, J.) N.K/- U T
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