Patna High CourtCR. MISC./43349/2023bail granted

Monu Kumar v. The State Of Bihar

2023-07-24Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43349 of 2023 Arising Out of PS. Case No.-767 Year-2022 Thana- HILSA District- Nalanda ====================================================== MONU KUMAR, aged about 20 years (Male), Son of Srikant Paswan Resident of village - Saidanpur, P.S.- Hilsa, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-07-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Hilsa P.S. Case No. 767 of 2022 dated 07.11.2022 registered for the offence(s) punishable under Section(s) 420, 356 and 379 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR, during investigation his name surfaced in Hilsa P.S. Case No.869 of 2022 in which he recorded his statement before the police and except the said statement there is no material against him and the police failed to recover any incriminating material from the possession of this petitioner thereby connecting him to the alleged offence of this case after he was

Patna High Court CR. MISC. No.43349 of 2023(2) dt.24-07-2023 2/2 taken into custody in the present matter. Further submissions are that the petitioner has been languishing in jail since 13.01.2023 and against him, the investigation has been completed and though against him there are criminal antecedents of two cases but the said cases were lodged after the institution of the FIR of the present matter and he has got bail in both the said cases.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Having regard to the facts and circumstances of the case and considering the above submissions, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Hilsa P.S. Case No. 767 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T