Patna High CourtCR. MISC./43601/2024bail granted

Monu Kumar v. The State Of Bihar

2024-07-03Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43601 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== Monu Kumar Son of Rajo Yadav Resident of village - Rautara, Ward No.- 1, P.S.- Rautara, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anup Pandey, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bikramganj P.S. Case No. 244 of 2023 dated 09.05.2023 registered for the offences punishable u/s 379 of the Indian Penal Code.

3. As per the prosecution case, unknown miscreants are alleged to have committed theft of Rs. 82,000/- from the dickey of the informant's motorcycle. It is further alleged that the motorcycle of the informant was parked near the Gokul Sweet Shop.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.43601 of 2024(2) dt.03-07-2024 2/3 this case. The petitioner is not named in the F.I.R. The petitioner remanded in this case on 22.12.2023 on the basis of confession made in Buxar Town P.S. Case No. 312 of 2023. No incriminating article has been recovered from the conscious possession of the petitioner. It is further alleged that the petitioner has no concern with the alleged offence. No T.I.P. has been conducted by the prosecution. The petitioner has four criminal antecedents and he is on bail in three cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bikramganj (Rohtas) in connection with Bikramganj P.S. Case No. 244 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates

Patna High Court CR. MISC. No.43601 of 2024(2) dt.03-07-2024 3/3 without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T