Mayank Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30254 of 2016 Arising Out of PS.Case No. -557 Year- 2015 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================
1. Mayank Kumar Son of Umesh Prasad Thakur Resident of Village: Patahi Jagarnath ,P.S. Sadar District Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-03-2017 Heard learned counsels for the petitioner and the State. The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 212,216,399,402 and 414 of the Indian Penal Code, sections 25(1B) a, 26 and 27 of the Arms Act and sections 20 and 22 of the NDPS Act.
The prosecution case is that on information that the miscreants were preparing to commit dacoity, raid was laid, when several persons were arrested. From the possession of the petitioner one country made loaded pistol and two mobile phones were recovered. It appears that petitioner is accused in four other cases also. Considering the nature of accusation and criminal antecedent
Patna High Court Cr.Misc. No.30254 of 2016 (3) dt.01-03-2017 2/3 of the petitioner, earlier the prayer for bail was rejected vide order dated 16.2.2016 passed in Cr. Misc. No. 3142 of 2016. It is submitted by learned counsel for the petitioner that co accused Golu Kumar, from whom one loaded pistol and one cartridge and two mobile sets were recovered, has been granted bail by a co-ordinate bench of this court vide order 1.4.2016 passed in Cr. Misc. No. 9235 of 2016. The order has been brought on record as Annexure 4. Co accused Golu Kumar is also accused in three other cases. A supplementary affidavit to that effect has been filed. It is further submitted that trial of the case is at the stage of supply of police paper, hence, there is no likelihood of the conclusion of trial in near future. The petitioner is in custody since 21.10.2015.
Considering the fact that co accused has been granted bail and there is no likelihood of the conclusion of trial in near future, 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 Sessions Judge cum Special Judge, Muzaffarpur in Sadar P.S. Case No. 557 of 2015.
Considering the criminal antecedent of the petitioner, the learned court below shall be at liberty to cancel the
Patna High Court Cr.Misc. No.30254 of 2016 (3) dt.01-03-2017 3/3 bail bonds of the petitioner in case the petitioner gets involved in serious offence or defaults without any reasonable cause on three consecutive occasions.
(Dinesh Kumar Singh, J) Anil/- U T