Monu Kumar @ Monu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48379 of 2018 Arising Out of PS.Case No. -937 Year- 2017 Thana -KATIHAR District- KATIHAR ======================================================

1. Monu Kumar @ Monu Yadav, Son of Kailash Yadav, Resident of Village- Islampurbhitta, Police Station- Naugachhiya, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratnakar Ambastha For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-09-2018 The petitioner is apprehending his arrest in connection with Katihar Town P.S. Case No. 937 of 2017, registered for offences punishable under Sections 395, 397 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is not named in the F.I.R. and later on his name transpired due to confessional statement of co-accused persons. Submission of learned counsel for the petitioner is that except confessional statement there is nothing against the petitioner and though it is alleged that in CCTV footage some of the miscreants have been identified but the petitioner has not been identified and further there is no recovery from the petitioenr. Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.48379 of 2018 (3) dt.10-09-2018 2/2 circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Katihar Town P.S. Case No. 937 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T