Mrityunjay Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22816 of 2023 Arising Out of PS. Case No.-273 Year-2021 Thana- MANJHI District- Saran ====================================================== MRITYUNJAY DUBEY son of Late Kamaldeo Dubey Village- Mubarakpur Ps- Manjhi Dist- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Manjhi P.S. Case No. 273/2021 registered for the offences punishable under Section 392 of the Indian Penal Code.

As per prosecution case, three unknown miscreants looted away bag containing Rs.83,479/-, Samsung TAB, Redmi mobile and one biometric machine from the dicky of informant's motorcycle. It is further alleged that Vivo mobile was also snatched by the miscreants from the pocket of informant.

Earlier the prayer for bail of the petitioner has been rejected vide order dated 30.01.2023 passed in Cr. Misc. No.41492/2022 with observation that the petitioner may renew

Patna High Court CR. MISC. No.22816 of 2023(2) dt.12-04-2023 2/3 prayer of bail after framing of charge.

Learned counsel for the petitioner submits that charge sheet has already been submitted against the petitioner and after cognizance, charges have also been framed against the petitioner on 20.02.2023 as mentioned at Annexure-3 of the bail petition. He further submits that the petitioner is languishing in custody since 25.04.2021 and bears criminal antecedent of one case in which he is on bail.

The learned A.P.P. for the State does not controvert the said submission of learned counsel for the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Saran at Chapra in connection with Manjhi P.S. Case No. 273/2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates

Patna High Court CR. MISC. No.22816 of 2023(2) dt.12-04-2023 3/3 without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkumar/- U T