Monu Kumar @ Shiv Nath Kumar @ Monu @ Shivnath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31176 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== MONU KUMAR @ SHIV NATH KUMAR @ MONU @ SHIVNATH Son of Deo Narayan Kunwar Resident of Village - Bharaul, P.S. - Bachhwara, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar Sinha- Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Bachhwara P. S. Case No.20 of 2020, instituted for the offences under Sections 25(1-b)A/ 26/35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 27.06.2020 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that police based on confessional statement of Bhulla @ Sachin @ Sanjiv Kumar recovered one loaded pistol with four live cartridges from the back side of the house of the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.31176 of 2021(2) dt.25-11-2021 2/2 petitioner is being implicated falsely in cases after cases as would be evident from Para-3 of the bail petition wherein 12 criminal cases instituted against the petitioner and merely in all the cases, the petitioner has been implicated under the Arms Act. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 27.06.2020 and charge-sheet has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Bachhwara P. S. Case No.20 of 2020, subject to condition in the event that after commencement of trial, if the petitioner does not appear before the Court below on two consecutive dates, the learned Court below shall be at liberty to cancel his bail bonds.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T