Mantosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54301 of 2021 Arising Out of PS. Case No.-136 Year-2021 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Mantosh Kumar Son of Swaminath Mahto Resident of Village- Kajitola, P.S.- G.B. Nagar, District- Siwan.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghav Prasad, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-04-2022 Heard the parties.

The petitioner is in jail in connection with B.G. Nagar P.S. Case No. 136 of 2021 under Sections 413 and 414 of the Indian Penal Code.

As per the FIR, on 8.6.2021, when the police party was on patrolling duty they saw a person coming on a motorcycle. As he saw the police, he tried to escape but fell down and was nabbed.

On enquiry, he disclosed himself as Mantosh Kumar (the petitioner herein) and further disclosed that the motorcycle he was riding is actually stolen. Accordingly, the motorcycle was seized and seizure list was prepared in presence of the independent witnesses.

Patna High Court CR. MISC. No.54301 of 2021(2) dt.08-04-2022 2/2 The counsel for the petitioner submits that chargesheet has already been submitted in the matter, he does not have criminal antecedent and he is in jail since 9.6.2021 and as such he may be granted the privilege of bail.

Since the chargesheet has already been submitted, let petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate, 1st Class, Siwan, in connection with B.G. Nagar P.S. Case No. 136 of 2021 subject to the following conditions:

(i) the Trial court shall verify about the criminal antecedent of the petitioner before releasing him on bail; (ii) the petitioner shall ensure his presence on each and every date before the trial court and failure to do so for two consecutive dates without plausible reason shall lead to cancellation of his bail bonds.

The application is disposed of with the aforesaid observation.

(Rajiv Roy, J) Ravi/- U T