Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27257 of 2023 Arising Out of PS. Case No.-368 Year-2022 Thana- KARJA District- Muzaffarpur ====================================================== Monu Kumar Son Of Awadh Mahto Resident Of Village- Tarsan, PsKudhani, Distt- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Karja P.S. Case No. 368 of 2022 lodged under Sections 356, 379, 411, 414/ 34 of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged against two named accused persons against whom there is allegation of snatching the mobile, who were apprehended by the police with the help of local public from whose possession the snatched mobile was recovered on spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.27257 of 2023(3) dt.05-06-2023 2/3 submits that there are two cases pending against the petitioner, in one case he has not been remanded till date, which shows the strange attitude of the police against the petitioner. Counsel further submits that petitioner is in custody since 12.12.2022 and he is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court. Counsel also submits that charge-sheet has been submitted in this case. Learned counsel for the State opposes the prayer for bail and submits that the petitioner has caught red-hand by the police and the snatched mobile has been recovered from his possession.

Upon specific query from the counsel for the petitioner that whether charge has been framed in this case or not, counsel fairly submits that as per his knowledge, charge has not been framed in this case.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present but liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge and the Trial Court is directed to release him on bail imposing its own conditions so that he may not evade his appearance during trial.

Patna High Court CR. MISC. No.27257 of 2023(3) dt.05-06-2023 3/3 With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T