Mohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35995 of 2025 Arising Out of PS. Case No.-341 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== Mohan Kumar S/o- Upendra Ray Village- Naya Tola Sabnima PSAthamalgola District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar Sinha, Advocate :
Ms. Soni Kumari, Advocate For the State :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-08-2025 Heard Mr. Dhirendra Kumar Sinha, learned counsel for the petitioner and learned APP representing the State.
2. The petitioner is in custody in connection with Bakhtiyarpur P.S. Case No. 341 of 2024 for the offence punishable under section 392 of the Indian Penal Code, lodged on 13.06.2024 by the informant, Chintu Kumar.
3. As per the prosecution story, the informant who is attached to Bharat Finance Inclusion Limited, Harnaut Branch alleged that after collecting Rs. 1,28,267/- as loan amount, he put the same in the dicky of his motorcycle and left the branch. On way to the Patna-Ranchi National Highway, the accused intercepted and on the point of pistol, looted the amount alongwith other documents. This led to the F.I.R.
Patna High Court CR. MISC. No.35995 of 2025(3) dt.01-08-2025 2/3
4. Learned counsel for the petitioner submits that he is in custody since 17.06.2024 and if granted relief, he shall be diligently appearing in trial.
5. Learned APP opposes the prayer for bail submitting that the petitioner has criminal antecedent.
6. Taking into account the aforesaid facts as also that earlier his bail application was rejected on 13.11.2024 in Cr. Misc. No. 78404 of 2024 and now this is second attempt, has remained in custody since 17.06.2024 and an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Barh, Patna, in connection with Bakhtiyarpur P.S. Case No. 341 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.35995 of 2025(3) dt.01-08-2025 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T