Patna High CourtCR. MISC./49203/2023bail granted

Monu Kumar v. The State Of Bihar

2023-08-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49203 of 2023 Arising Out of PS. Case No.-269 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== MONU KUMAR SON OF KUSHESHWAR PASWAN RESIDENT OF VILLAGE- CHAKNURUDDIN WARD NO. 14, MUKTAPUR, PSKALYANPUR, DIST- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Kalyanpur P.S. Case No. 269 of 2022 dated 26.08.2022 registered for the offences punishable u/ss 392 and 411 of the Indian Penal Code.

4. As per the prosecution case, four unknown miscreants riding on two motorcycles stopped the pickup van loaded with coconut and on the point of pistol, dragged the informant out of the said van and one of the accused persons

Patna High Court CR. MISC. No.49203 of 2023(2) dt.17-08-2023 2/3 fled away with the said van. Somehow the informant informed the police party and the pick-up van of the informant was intercepted, but the miscreants fled away leaving the pick-up van.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner surfaced on the basis of confessional statement of the co-accused Manish Kumar. The co-accused person has already been granted bail by the co-ordinate Bench of this Court vide order dated 23.05.2023 passed in Cr. Misc. No. 23771 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.09.2022.

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

7. 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

Patna High Court CR. MISC. No.49203 of 2023(2) dt.17-08-2023 3/3 the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Kalyanpur P.S. Case No. 269 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T