Sagar Kumar @ Mannu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41043 of 2022 Arising Out of PS. Case No.-49 Year-2021 Thana- MIRGANJ District- Gopalganj ====================================================== Sagar Kumar @ Mannu Son of Ravindra Singh @ Rabindra Singh Resident of village- Dudhara, P.S- Goriakothi, District- Siwan ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner in the present case has renewed his prayer for bail in connection with Sessions Trial No. 2341 of 2022 arising out of Mirganj P.S. Case No. 49 of 2021 registered for the offences under Section 414 and 34 of the Indian Penal Code and Section 25(1-b)AA/26/35 of the Arms Act. He is in custody since 10.02.2021. He has one criminal antecedent. Earlier, his prayer for bail was rejected by this Court vide order dated 21.02.2022 passed in Cr. Misc. No. 44587 of 2021.

Learned counsel for the petitioner submits that the petitioner was made an accused in Mirganj P.S. Case No. 48 of 2021 which is a connected case under Sections 364(A)/120(B)/34 of the Indian Penal Code. In the said case, the

Patna High Court CR. MISC. No.41043 of 2022(3) dt.10-05-2023 2/3 petitioner has been granted bail by this Court vide Cr. Misc. No. 42554 of 2021 (Annexure '3').

Learned counsel submits that so far as the present case is concerned, the petitioner has remained in custody since 10.02.2021 and at this stage, only charge has been framed, therefore, the trial is likely to take much time. Learned APP for the State has, though, opposed the prayer for bail of the petitioner, considering the facts and circumstances of the case wherein in the main case, the petitioner has already been granted bail and so far as the present case is concerned, he has remained in jail for over two years, this Court directs that the petitioner above named shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, XV, Gopalganj in connection with Sessions Trial No. 2341 of 2022 arising out of Mirganj P.S. Case No. 49 of 2021, subject to the condition as laid down under Section 437

(3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal

Patna High Court CR. MISC. No.41043 of 2022(3) dt.10-05-2023 3/3 antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.

(Rajeev Ranjan Prasad, J) lekhi/- U T