Patna High CourtCR. MISC./59407/2018bail granted

Monti Kumar @ Tribhuwan Kumar @ Mantu Kumar v. The State Of Bihar

2018-10-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59407 of 2018 Arising Out of PS.Case No. -65 Year- 2017 Thana -FATEHPUR District- GAYA ====================================================== Monti Kumar @ Mantu Kumar @ Tribhuwan Kumar S/o Rajesh Yadav, R/o vill. + P.S.- Barhara, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate. For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sessions Trial No. 17 of 2017/292 of 2017 arising out of Fatehpur P.S. Case No. 65 of 2017 instituted for the offence under Sections 307, 414 of the Indian Penal Code, Sections 25(1-b)A, 26, 35 and 27 of the Arms Act.

It is alleged in the written report that petitioner along with four other accused persons have been arrested by the police. It is further alleged that two live cartridges and two Mobile phones have been recovered from possession of the petitioner. Petitioner is said to be in custody since 08.03.2017. Report regarding stage of trial has been called for from the court below which has been received. From the report it

Patna High Court Cr.Misc. No.59407 of 2018 (3) dt.31-10-2018 2/2 appears that after framing of charge no any witness has been produced in the case.

Counsel for the petitioner submits that co-accused Amit Kumar @ Guddu has already been granted bail by this Court vide order dated 03.10.2018 passed in Cr. Misc. 50561 of 2018.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 IXth Additional District and Sessions Judge, Gaya, in connection with Sessions Trial No. 17 of 2017/292 of 2017 arising out of Fatehpur P.S. Case No. 65 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T