Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71269 of 2022 Arising Out of PS. Case No.-182 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== Monu Kumar Son of Dharamnath Ray @ Hiro Rai R/V- Saifpur, P.SGangabridge, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Advocate For the Opposite Party/s :
Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Gangabridge P.S. Case No. 182 of 2021 registered for the offence under Section 392 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 21.07.2022.
The allegation against the petitioner is to commit robbery alongwith other co-accused persons and while committing so taken away cash of Rs. 5,000/-, one mobile and Aadhar Card belongs to informant.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.71269 of 2022(2) dt.17-03-2023 2/3 submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused namely Sanjeev Kumar during the course of investigation, in furtherance of which no incriminating material recovered/surfaced, which may connect petitioner, prima facie, with present occurrence. It is further submitted that said co-accused Sanjeev Kumar has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 71197 of 2021 vide order dated 06.05.2022. It is also submitted that petitioner was not put on TIP, as yet.
While concluding the argument, it has been submitted that petitioner found involved in one criminal case, where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail fairly conceded the fact that petitioner is not named in the F.I.R.
Patna High Court CR. MISC. No.71269 of 2022(2) dt.17-03-2023 3/3 Gangabridge P.S. Case No. 182 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T