Mantu Raj @ Chandan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9777 of 2021 Arising Out of PS. Case No.-57 Year-2020 Thana- KINJAR District- Jehanabad ====================================================== Mantu Raj @ Chandan aged about 30 years, Male, Son Of Sudama Singh R/O Village- Simbhua, P.S.- Mehandiya, Distt.- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nitya Nand Neeraj, Adv.
For the Opposite Party/s :
Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
02-06-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Kinjar P.S. Case No. 57 of 2020, registered for the offence under Section 414 of the Indian Penal Code and Sections 25(1-b)a/26 of the Arms Act. As per the prosecution case, the petitioner was arrested with a stolen motorcycle and upon search, three cartridges of 0.315 bore was recovered from his possession. It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of the petitioner and he has been falsely implicated in this case. The motorcycle, in question, was not stolen one. Petitioner has got clean antecedent, as stated in paragraph - 3 of the petition, and he is in custody since 20.09.2020. Chargesheet has already been submitted.
Patna High Court CR. MISC. No.9777 of 2021(2) dt.02-06-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.
Considering the period of custody and clean antecedent of the petitioner, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Arwal in connection with Kinjer P.S. Case No. 57 of 2020, on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T