Patna High CourtCR. MISC./47158/2021bail granted

Munna Kumar v. The State Of Bihar

2021-09-01Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47158 of 2021 Arising Out of PS. Case No.-383 Year-2019 Thana- PIPRA District- East Champaran ====================================================== Munna Kumar, aged about 22 years, son of Jai Narayan Sah @ Jag Narayan Sahni, resident of village-Hathiyahi Chakdeh, P.S.-Piprakothi, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-09-2021 Heard learned counsel for the petitioner and learned APP for the State through video conference.

2. Learned counsel for the petitioner has filed an undertaking that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

3. The petitioner, who is in custody since 16.01.2020, has renewed his prayer for bail in connection with Pipra P.S. Case No. 383 of 2019, having earlier been rejected by order dated 25.02.2021 in Cr. Misc. No.36876 of 2020 for the alleged

Patna High Court CR. MISC. No.47158 of 2021(2) dt.01-09-2021 2/3 offences under Section 392 of the Indian Penal Code.

4. Learned counsel for the petitioner submits that in a subsequent development, co-accused Manish Kumar Singh @ Manish Kumar @ Dablu and Jalandhar Prasad has been granted bail by this Court on 05.02.2020 in Cr. Misc. No.7849 of 2020 (Annexure-3). Co-accused Sikindra Sahni has also been granted bail by this Court on 29.06.2021 in Cr. Misc. No. 12337 of 2021 (Annexure-3/1). It is reiterated that the FIR was instituted against unknown persons and no recovery of any incriminating articles have been made from the possession of the petitioner nor has he been put on test identification parade for his identification. It is stated that the petitioner has already suffered custody since 16.01.2020.

5. Learned APP appears and opposes the prayer for bail, submitting that the petitioner has four criminal antecedents of similar nature.

6. Considering that other accused persons have been granted bail by this Court as well as the period of custody already suffered since 16.01.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.47158 of 2021(2) dt.01-09-2021 3/3 Motihari, East Champaran in connection with Pipra P.S. Case No.383 of 2019, if he is not otherwise required in any other case.

7. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 2 hereinabvove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) V.K.Pandey/- U T