Allowed

Samar Raj @ Monu Kumar v. The State of Bihar

Patna HC11 Jan 2023CR. MISC./67361/2022

Case brief

AI extract

What is this about?

Single-judge order granting bail to the petitioner in a criminal case involving Sections 392 and 412 IPC. Bail is conditioned on an undertaking not to visit Bihar, virtual appearance at trial, and periodic attendance at a police station. Additional directions issued to consolidate trial cases and allow family visits.

What did the court decide?

Released on bail on furnishing bonds of Rs. 10,000/- with two sureties; to appear virtually from Surat; to attend Pandesara Police Station, Surat, once monthly.

Samar Raj @ Monu Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67361 of 2022

¶2

Arising Out of PS. Case No.-100 Year-2021 Thana- GARDANIBAG District- Patna

¶3

======================================================

¶4

SAMAR RAJ @ MONU KUMAR Son of Late Raju Prasad R/O Tikiyatoli Near Mahendru Post Office, P.S.- Sultanganj, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey For the Opposite Party/s : Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

¶10

3 11-01-2023

¶11

Heard learned counsel for the petitioner and learned

¶12

counsel appearing on behalf of the State.

¶13

The petitioner is in custody since 05.04.2021 in connection with Gardanibagh P.S Case No. 100 of 2021 registered for the offence punishable under Sections 392 and 412 of the Indian Penal Code.

¶14

The petitioner has moved earlier before this Court for grant of bail vide Cr. Misc. No. 4303 of 2022 which was dismissed on 24.05.2022 considering the criminal antecedent of the petitioner.

¶15

It has been submitted by the petitioner that he has been falsely implicated in those cases (mentioned in Paragraph No. 3 of the bail application) as most of the cases have been registered against unknown. It has further been submitted by learned counsel for the petitioner that the prayer of the petitioner

¶16

Patna High Court CR. MISC. No.67361 of 2022(3) dt.11-01-2023 2/3

¶17

for grant of bail be considered on the ground that the petitioner will not come to Bihar till the conclusion of the cases which are pending against him.

¶18

Considering the facts and circumstances of the case and also taken into consideration the undertaking of the learned counsel for the petitioner that the petitioner will not come to Bihar till the conclusion of the cases which are pending against him, the petitioner is granted bail.

¶19

Accordingly, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J XVI, Patna in connection with Gardanibagh P.S Case No. 100 of 2021.

¶20

Learned counsel for the petitioner has provided the address of the maternal uncle of the petitioner who lives is Surat(Gujrat) where petitioner will stay during the pendency of the trial against him. He has also agreed to participate in the trial virtually and he will not take unnecessary objections in the trail and try to delay the trial. As and when he is required to appear in the trial Court, he will appear virtually from Surat.

¶21

It is directed that the petitioner will also appear before the Pandesara Police Station, Surat on first Sunday of the

¶22

Patna High Court CR. MISC. No.67361 of 2022(3) dt.11-01-2023 3/3

¶23

month. Failure of the petitioner in appearing before Pandesara Police Station, Surat will result in the cancellation of his bail application.

¶24

The Officer-In-Charge, Pandesara Police Station, Surat is directed to maintain the record of the appearance of the petitioner and in case, the petitioner fails to appear without any cogent reasons before the concerned Police Station, the same shall be informed to the Magistrate who is conducting trial of the present case i.e. Gardanibagh P.S. Case No. 100 of 2021 in the District of Patna.

¶25

The District Judge, Patna is directed to transfer all the cases of the petitioner in one Court so that the trial of the petitioner in all the cases is concluded expeditiously.

¶26

In case, the petitioner has some family exigency, he will give an application before the Trial Court conducting the trial of Gardanibagh P.S. Case No. 100 of 2021 who will consider the prayer of the petitioner for visiting Bihar for few days if a genuine ground is made out by the petitioner.

¶27

(Sandeep Kumar, J)

¶28

Sunnykr/-

¶29

Samar Raj @ Monu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Samar Raj @ Monu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Md. Naim @ Md. Naeem Vs Badrul Hassan Ali @ Badrul Hasan

Kameshwar Singh Vs Upendra Singh

Harvindra Singh Vs The State of Bihar

Sanjeev Kumar Vs The State of Bihar

Yugal Yadav @ Yugal Prasad Yadav Vs The State of Bihar

Himanshu Shekhar Vs the State of Bihar