Patna High CourtCR. MISC./1884/2021bail granted

Mohan Kumar v. The State Of Bihar

2021-03-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1884 of 2021 Arising Out of PS. Case No.-164 Year-2019 Thana- PUNAURA District- Sitamarhi ====================================================== MOHAN KUMAR son of Ram Ekabal Mahato Resident of Village- Berbas, P.S- Dumra, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Punaura P.S. Case No. 164 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code and section 27 of the Arms Act. Earlier the bail application of petitioner was rejected vide order dated 02.06.2020. This is second attempt. Vide order dated 10.02.2021, report was called for regarding the stage of trial and same has been received (kept at flag 'R'), which reveals that case is fixed for appearance of three accused persons.

It is submitted that petitioner is in custody since 14.10.2019. In para 3 of the petition, it is stated that petitioner is accused in two more cases and in both the cases he is on bail.

Patna High Court CR. MISC. No.1884 of 2021(3) dt.24-03-2021 2/2 Considering the period of custody and stage of trial, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Punaura P.S. Case No. 164 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T