Lal Mohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50000 of 2025 Arising Out of PS. Case No.-60 Year-2025 Thana- Kalibagh District- West Champaran ====================================================== Lal Mohan Kumar S/o Chandar Sah @ Chanar Sah R/o Village- Grabhuwa Lala Tola, Ward No. 05, P.S.- Sirisiya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Gupta, Advocate For the State :
Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-08-2025 Learned counsel for the petitioner at the outset submits that he would like to contribute a book worth Rs.250 to Patna High Court Advocate Association in course of the day and the receipt shall be provided in the court.
2. Heard the parties.
3. The petitioner is in custody in connection with Kalibagh P.S. Case No. 60 of 2025 for the offence punishable under sections 303(2) of the B.N.S., lodged on 25.02.2025 by the informant, Amrit Kumar Sharma.
4. As per the prosecution story, the informant alleged that he came out of a store, went to the office and upon coming out on the motorcycle, was missing. This led to the F.I.R.
5. Subsequently, the investigation took the Police to the door of the petitioner, thereafter, the motorcycle was
Patna High Court CR. MISC. No.50000 of 2025(2) dt.11-08-2025 2/3 recovered from Harkotia Village.
6. Learned counsel for the petitioner submits that only because of criminal antecedent he has been implicated, nothing has been recovered from his conscious possession.
7. Learned APP opposes the prayer for bail submitting that he has criminal antecedent.
8. Taking into account the submission of the parties as also that he has been remanded in this case on 02.05.2025 after being custody since 28.03.2025, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail.
9. Let the 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 learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Kalibagh P.S. Case No. 60 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.50000 of 2025(2) dt.11-08-2025 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T