Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39275 of 2016 Arising Out of PS.Case No. -105 Year- 2015 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Munna Kumar Son of Vijay Paswan, resident of village -Bhada, Police Station - Jamonagar, District - Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with S.Tr. No. 299 of 2016 arising from Gopalpur P.S. Case No. 105 of 2015 registered for offence under section 395 of the Indian Penal Code.

The petitioner had earlier moved before this Court for bail in Cr. Misc. No. 51679 of 2015 and this Court, vide order dated 03.02.2016, rejected the same with liberty to renew his prayer for bail after completion of one year of jail-custody. The counsel for the petitioner submits that the petitioner is in custody since 24.07.2015.

Looking to the period of custody, let the petitioner, Munna Kumar, be released on bail on his furnishing bail bond of

Patna High Court Cr.Misc. No.39275 of 2016 (2) dt.14-09-2016 2/2 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional District and Sessions Judge, Bettiah, West Champaran in connection with S.Tr. No. 299 of 2016 arising from Gopalpur P.S. Case No. 105 of 2015, subject to the condition that (i) one of the bailors shall be mother/father/wife/son of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate in the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T