Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(BEFORE RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.64820 of 2021 Arising Out of PS. Case No.-137 Year-2021 Thana- BAHERI District- Darbhanga ====================================================== Munna Kumar, Son of Late Vijay Sahu @ Late Viay Sah, Resident of VillageBaheri, P.S. Baheri, District- Darbhanga ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :
Ms.Sucheta Yadav, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-05-2022 Learned counsel for the petitioner undertakes to remove the defects as pointed out by the Stamp Reporter within two weeks after start of normal functioning of this Court. Heard learned counsel for the petitioner and Ms. Sucheta Yadav, learned APP for the State.
The petitioner in the present is seeking regular bail in connection with Baheri P.S. Case No. 137 of 2021 registered for the offences punishable under Sections 379, 411, 414, 401/34 of the Indian Penal Code. The petitioner is in custody in connection with this case since 09.07.2021. He has no criminal antecedent. Learned counsel for the petitioner submits that the petitioner has been allegedly arrested on the ground that he was
Patna High Court CR. MISC. No.64820 of 2021(2) dt.06-05-2022 2/3 riding on a stolen motorcycle but in fact the motorcycle was of his relative and it is not a stolen motorcycle. It is further submitted that along with the petitioner the co-accused Prakash Kumar was arrested and Prakash Kumar disclosed that he was living in the house of Baiju Bhagat at Kumahra chowk near Jeevan Deep Hospital and at his instance when raid was conducted then several incriminating articles including gold and silver ornaments and mobile phones were recovered.
It is submitted that in any case the petitioner has already remained in custody for over ten months in connection with this case and he has otherwise no criminal antecedent, thus, he deserves privilege of bail.
Ms. Sucheta Yadav, learned A.P.P. for the State has though opposed the prayer for bail of the petitioner but considering the facts and circumstances of the case wherein the petitioner has no criminal antecedent and has remained in custody in connection with this case for over ten months as also that his presence may be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VII, Darbhanga in connection with Baheri P.S. Case No. 137 of
Patna High Court CR. MISC. No.64820 of 2021(2) dt.06-05-2022 3/3 2021, subject to the conditions as laid down under Section 437(3) of the Cr.P.C.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The application stands allowed.
(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.