Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70140 of 2021 Arising Out of PS. Case No.-515 Year-2021 Thana- BIHAR District- Nalanda ====================================================== Mantu Kumar S/o Suresh Prasad @ Narendra Prasad R/o village- Nohesa, P.S.- Ben, District- Nalanda ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar No.1, Advocate For the Opposite Party/s :
Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and the State.
Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The petitioner is in custody in connection with Bihar P.S. Case No. 515 of 2021 under section 379/414 of the Indian Penal Code.
The allegation in the FIR is that the police in course of vehicle checking intercepted a motorcycle, those riding it tried to escape but were apprehended. Subsequently, papers were asked for them but they failed to produce. Accordingly, it came to the notice that the said motorcycle was stolen from Danapur, Patna which led to lodging of Danapur P.S. Case No. 280 of 2021 registered on 5.4.2021 against
Patna High Court CR. MISC. No.70140 of 2021(3) dt.01-08-2022 2/3 unknown persons.
Learned counsel for the petitioner submits that for the alleged act of his, he has already suffered by being in jail since the case was lodged (lodging of the case i.e. 8.8.2021). Taking into account the fact that charge-sheet stands submitted and he is in custody since 8.8.2021, this Court is inclined to grant him the privilege of bail. However, as he has criminal antecedent certain conditions have been imposed. Let the petitioner be released on bail on furnishing bail bond of Rs. 15,000/- (Fifteen thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif, in connection with Bihar P.S. Case No. 515 of 2021 subject to the following conditions: (i) one of the bailors should be the family members 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 dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his
Patna High Court CR. MISC. No.70140 of 2021(3) dt.01-08-2022 3/3 presence;
(iv) 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. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T