Patna High CourtCR. MISC./46277/2016bail granted

Manitosh Kumar @ Mantosh Kumar v. The State Of Bihar

2016-10-26Mr. Justice Shivaji Pandey2 pages

Patna High Court Cr.Misc. No.46277 of 2016 (2) dt.26-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46277 of 2016 Arising Out of PS.Case No. -243 Year- 2015 Thana -SAMASTIPUR District- SAMASTIPUR ====================================================== Manitosh Kumar @ Mantosh Kumar, son of Uma Kant Sah, resident of Village Madhurapur, Taran, P.S. Kalyanpur, District Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad. Mr. Vandana Singh, Advocate.

For the State : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 25(1-a)b and 26 of the Arms Act. Earlier this Court vide order dated 3.11.2015 passed in Cr. Misc. No. 49149 of 2015 rejected the prayer for bail of the petitioner with a liberty to renew his prayer for bail after completion of nine months in jail custody.

The petitioner is in jail since 12.8.2015 and he has already completed nine months in jail custody. In this view of the matter, let petitioner, Manitosh Kumar @ Mantosh Kumar, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial

Patna High Court Cr.Misc. No.46277 of 2016 (2) dt.26-10-2016 Magistrate, Samastipur in connection with Samastipur Town P.S. Case No. 243 of 2015, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner i.e. father, mother, wife or son (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail (iii) Petitioner shall mark his presence before the nearest police station by 7th of every month till six months and (iv) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.

(Shivaji Pandey, J) Vinay/- U T