Monu Kumar @ Monu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38042 of 2021 Arising Out of PS. Case No.-432 Year-2018 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Monu Kumar @ Monu Mahto S/O Ratan Mahto R/O Mohalla-Andheriyabag Belwagunj, Ward No.36, P.S-Laheria Sarai, District-Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Praveen, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Laheria Sarai P.S. case No.432/2018 registered under Sections 188, 414 of the Indian Penal Code and Sections 45(xii), 52 of Prisoner Act.

Prosecution case, in short, is that one sim card was found from the possession of the petitioner while he was in jail. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.38042 of 2021(2) dt.21-12-2021 2/2 present case. As per allegation, in the present case one sim card is said to have been recovered from the possession of the petitioner while he was in jail. Subsequently the petitioner was granted bail in all other cases. The petitioner was not remanded in the present case while he was in jail. Subsequently when the petitioner came to know about the present case, the present application for anticipatory bail has been preferred. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga in connection with Laheria Sarai P.S. case No.432/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.