Shravan Kumar @ Suzuki Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70631 of 2023 Arising Out of PS. Case No.-296 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Manish Kumar @ Munshi, S/O Late Shiva Nandan Rai, Resident Of VillageMungauli, P.S.-SARAIYA, District0-Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Saraiya P.S. Case No.296/2023, lodged on 18.05.2023 under Sections 399,402 of the Indian Penal Code and Section 25(1B)a/26(I)/35 of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against 7 named accused persons, including the petitioner. From the possession of the petitioner, one country made pistol along with a live cartridge have been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 19.05.2023 and is accused in three more criminal cases.

Patna High Court CR. MISC. No.70631 of 2023(2) dt.09-11-2023 2/3

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is not clean, hence, at the time of considering the prayer for bail of the petitioner, this aspect must be taken into consideration.

6. Upon specific query from the counsel for the petitioner whether the charge has been framed or not, learned counsel for the petitioner submits that he is not aware about the fact whether the charge has been framed or not.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be released on bail, but only after framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, IVth, Muzaffarpur (West) in connection with Saraiya P.S. Case No.296/2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date

Patna High Court CR. MISC. No.70631 of 2023(2) dt.09-11-2023 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Ashwini/- U