Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60023 of 2021 Arising Out of PS. Case No.-480 Year-2020 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Munna Kumar Son of Jogendra Mahto Resident of Village - Video Hall Gail Tehta, P.S.- Makhdumpur, District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-04-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Makhdumpur P.S.Case No. 480 of 2020 for the offences punishable under Sections 461, 379 of the Indian Penal Code. As per the prosecution case, it is alleged that on 21.12.2020 some unknown thief entered into the house of informant and committed theft of valuable goods including gold ornaments, cash and mobile phones etc.

It is submitted on behalf of the learned counsel for the petitioner that the F.I.R has been instituted against unknown person and name of the petitioner has surfaced on his own

Patna High Court CR. MISC. No.60023 of 2021(2) dt.12-04-2022 2/3 confession and the statement of other co-accused persons. It is submitted that earlier petitioner has been made accused in Makhdumpur P.S.Case No. 105 of 2021 and on the said case he has been remanded in other three cases including the present one. It is next submitted that the petitioner is in judicial custody since 12.07.2021 but neither the petitioner has been put on TIP nor any incriminating material has come against the petitioner. The learned A.P.P opposed the prayer for bail of the petitioner.

Having heard the rival contentions of the parties and taking into consideration the fact that petitioner is not named in the F.I.R and he has been remanded in the present case from Mukhdumpur P.S.Case No. 105 of 2021. Apart from this fact that petitioner is in judicial custody since 12.07.2021 but till date he has not been put on TIP, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S.Case No. 480 of 2020 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

Patna High Court CR. MISC. No.60023 of 2021(2) dt.12-04-2022 3/3 (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) N.K/- U T