The Patna High Court granted bail to the petitioner on bonds of Rs. 10,000 with two sureties in a case involving illegal assembly, criminal intimidation, house trespass, and theft, directing removal of defects and adherence to bail conditions.
Release of petitioner on bail with bond of Rs. 10,000 and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66187 of 2022
Arising Out of PS. Case No.-192 Year-2021 Thana- ARA MUFFSIL District- Bhojpur
======================================================
Monu Singh @ Braj Mohan Singh Son of Late Nathuni Singh R/O villageKarara, P.S- Ara Muffasil (O.P- Dhobahan), District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 22-02-2023
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 Muffasil P.S. Case No. 192 of 2021 registered for the offence under Sections 147, 148, 149, 341, 323, 504, 506 and 380 of the Indian Penal Code (for short 'I.P.C.') and under Section 27 of the Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 16.08.2022.
The allegation against the petitioner is of firing and also to commit theft in the dwelling house of the informant and while committing so taken away cash of Rs. 25,000/- (Rupees
Patna High Court CR. MISC. No.66187 of 2022(2) dt.22-02-2023 2/3
Twenty-five Thousand) and gold jeweleries of Rs. 2,00,000/(Rupees Two Lac).
Learned counsel appearing on behalf of the petitioner submitted that the present F.I.R. was lodged after five days of the occurrence without any explanation for the delay, as caused. It is submitted that no recovery of any incriminating material was made during the course of investigation from petitioner, which may suggest that petitioner was involved in present case. It is also pointed out that petitioner was not put on TIP, as yet. While concluding the argument, it has been submitted that criminal antecedent of petitioner is clean but it appears from the impugned order that petitioner found involved in one more criminal case and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP for the State opposes the prayer of bail. Considering the facts and circumstances as mentioned above, as no incriminating material recovered/surfaced from the petitioner to connect him with present set of occurrence coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Muffasil P.S. Case No. 192 of 2021 on
Patna High Court CR. MISC. No.66187 of 2022(2) dt.22-02-2023 3/3
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Bhojpur, Ara/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.
It is directed to learned Trial Court that if petitioner found involved in any criminal case contrary to his affidavit, claiming a man of clean antecedent, the bail bond of the petitioner shall not be accepted.
(Chandra Shekhar Jha, J)
pooja/-
U T
1 issue framed by the court
Whether the petitioner satisfies the conditions for grant of bail in a criminal case involving IPC offences and Arms Act.
1 provisions across 1 enactments
Monu Singh @ Braj Mohan Singh
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
