Mantosh Kumar @ Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25215 of 2015 Arising Out of PS.Case No. -154 Year- 2014 Thana -MOKAMAH District- PATNA ======================================================
1. Mantosh Kumar @ Subodh Kumar Son of Paras Ram resident of village - Panchmahala, P.S. Mokma, District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gouranga Chatterjee, Advocate For the Opposite Party/s : Mr. Jitendra Kr. Roy No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2015 Heard learned counsel for the petitioner and the State.
Petitioner is languishing in custody since 26.02.2015 in a case registered for the offences punishable under Section 395 of the Indian Penal Code.
It is alleged that informant being a driver was driving a Van. The van was robbed by some miscreants after the hands and legs of driver and cleaner were tied and Rs. 1600/- were taken away which leading to registration of First Information Report against unknown.
It is submitted by the learned counsel for the petitioner that name of the petitioner sprang up during investigation. In para-7 of the petition it has been stated that neither the petitioner has put on T.I.P. nor recovery has been
Patna High Court Cr.Misc. No.25215 of 2015 (2) dt.21-07-2015 made from his possession and similarly situated co-accused Sunil Kumar, Ashok Kumar and Bhola Ram have been granted bail vide Cr. Misc. No. 6122 of 2015, Cr. Misc. No. 11277 of 2015 and Cr. Misc. No. 8784 of 2015 respectively and investigation has already concluded.
Considering the aforesaid facts, let the above named petitioner, 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 learned Judicial Magistrate, Ist Class, Barh, Patna in connection with Mokama P.S. Case No. 154 of 2014.
Since the petitioner has serious criminal antecedent, the learned court below will be at liberty to cancel the bail bonds of the petitioner, if in two eventualities i.e. if the petitioner defaults for two consecutive occasions or gets substantially involved in some serious nature of offence. (Dinesh Kumar Singh, J) P.K./- U T