Muntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20484 of 2026 Arising Out of PS. Case No.-186 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== Muntun Kumar S/o Devendra Bhagat @ Devendra Bhandari R/o Village - Chakmajahid, P.S - Mahua, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha, Advocate For the Opposite Party/s :

Mr.Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-03-2026 Heard Mr.Nachiketa Jha, learned counsel for the petitioner and Mr.Rajendra Singh Shastri, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 09.01.2025 in connection with Patepur P.S. Case No. 186 of 2024, F.I.R. dated 26.06.2024 registered for the offence punishable under Section 392 of BNS.

3. The FIR of the occurrence of loot is against unknown.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person,

2/4 namely, Vikash Kumar and except the aforesaid, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and till date no TIP has been conducted by the prosecution and co-accused person, namely, Vikash Kumar, who has confessed the name of the petitioner, has been bail by the learned court below itself and another coaccused person, namely, Sunil Kumar has been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 20.01.2025 passed in Cr. Misc. No.634 of 2025 and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 09.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid facts, petitioner is not named in the FIR, the name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person and till date no

3/4 TIP has been conducted by the prosecution, let the petitioner, above named, 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 A.C.J.M.-XIII-cumSub Judge-XIV, Vaishali at Hajipur in connection with Patepur P.S. Case No. 186 of 2024, with the following conditions:- (I) 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 cancelled by the Court below.

(II) 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.

(III) 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

4/4 order shall not be delayed for purpose of or in the name of verification.

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