Patna High CourtCR. MISC./1068/2023bail granted

Monu Kumar v. The State Of Bihar

2023-01-11Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1068 of 2023 Arising Out of PS. Case No.-560 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== MONU KUMAR SON OF RAMDEV MAHTO R/O SHAINE NEEMCHAK, P.S.- KANTI, DISTRICT- 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. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act. This is the second attempt of the petitioner to seek bail, as earlier, his bail application was rejected by order dated 17.05.2022 in Cr. Misc. No. 70924 of 2021.

Considering the period of custody of the petitioner i.e., since 2.09.2021 and in the nature of allegations of the recovery of narcotics, a little more than small quantity and much less than commercial quantity, the petitioner is directed to be released.

Patna High Court CR. MISC. No.1068 of 2023(2) dt.11-01-2023 2/2 Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kanti P.S. Case No. 560 of 2021.

One of the bailor shall be the mother of the petitioner, Smt. Rampukari Devi.

Further, if the learned court below comes to a conclusion that after release the petitioner is trying to delay the trial, the court below shall forthwith cancel his bail bonds after recording reasons and take all steps to ensure that the petitioner is behind the bars.

(Satyavrat Verma, J) HarshPandey/- U T