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Patna High CourtCR. MISC./68807/2022bail granted

Murari Kumar v. The State Of Bihar

2023-03-14Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68807 of 2022 Arising Out of PS. Case No.-136 Year-2021 Thana- PHULWARIA District- Begusarai ====================================================== MURARI KUMAR Son of Upendra Singh, R/V- Bihat, Tola Ibrahimpur, PSBarauni, Dist- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-03-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Phulwaria P.S. Case No. 136 of 2021 registered for offence punishable under section 392 of the Indian Penal Code. Later on, cognizance has been taken under sections 392, 397, 411, 414, 46 and 477 of the Indian Penal Code.

As per allegation, three miscreants snatched the motor cycle of the informant.

The learned counsel for the petitioner has submitted that except confessional statement of co-accused, there is nothing against the petitioner. He was not arrested at the spot. He was not put on TIP and on similar situation, co-accused Shaurabh Kumar @ Shalu has been granted regular bail by the coordinate Bench of this Court in Cr. Misc. No. 40623 of 2022. He is under custody since 29.06.2022.

Patna High Court CR. MISC. No.68807 of 2022(2) dt.14-03-2023 2/2 Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Begusarai in connection with Phulwaria P.S. Case No. 136 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T