Monu Kumar @ Babalu Kumar @ Babloo Kumar @ Mono Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Monu Kumar @ Babalu Kumar @ Babloo Kumar @ Mono Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Renewal of regular-bail prayer accepted: petitioner enlarged on bail in Sessions Trial no.4 of 2024 on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned 1st Additional Sessions Judge, Saran at Chapra.

Issue for consideration

Whether petitioner Monu Kumar (aliases), in custody since 5.7.2023 in connection with Rivilganj P.S. Case no. 200 of 2023 registered under section 366A of the Indian Penal Code, should be enlarged on regular bail in Sessions Trial no. 4 of 2024 upon his renewed prayer made after framing of charge, as permitted by the rejection order dated 20.12.2023.

Court's answer

Taking into consideration the allegations in the FIR, the liberty granted by the prior rejection order dated 20.12.2023, the framing of charge (evidenced by the trial court's report of letter dated 7.3.2024) and the petitioner's remaining in custody for 8 months since 5.7.2023, this court decided to enlarge the petitioner on bail.

Ratio / Principle

The petitioner is directed to be enlarged on bail in connection with Sessions Trial no.4 of 2024 (arising out of Rivilganj P.S. Case no.200 of 2023) on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned 1st Additional Sessions Judge, Saran at Chapra.

Detailed headnote1 paragraphs

Patna High Court (oral order) — Partha Sarthy, J — Cr. Misc. No.12095 of 2024, decided 27-03-2024: Renewed prayer for regular bail by petitioner Monu Kumar (aliases) in Sessions Trial No.4 of 2024 arising out of Rivilganj P.S. Case No.200 of 2023, registered under section 366A of the Indian Penal Code. His earlier prayer had been rejected vide order dated 20.12.2023 passed in Cr. Misc. No.69029 of 2023, with liberty to renew after framing of charge. Per the trial court's report (letter dated 7.3.2024 of the Ist Additional District and Sessions Judge, Saran at Chapra), charge stood framed and the case was pending at the prosecution-evidence stage; the petitioner had remained in custody for 8 months since 5.7.2023. On these considerations the court enlarged him on a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned 1st Additional Sessions Judge, Saran at Chapra.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12095 of 2024

Arising Out of PS. Case No.-200 Year-2023 Thana- RIVILGANJ District- Saran

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

Monu Kumar @ Babalu Kumar @ Babloo Kumar @ Mono Kumar, Son of Shambhu Mahto, Resident of Village- Tekniwas, Police Station- Rivilganj, District- Saran

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Avnish Kumar Singh, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 27-03-2024 1. Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of

regular bail in connection with Sessions Trial no. 4 of 2024, arising out of Rivilganj P.S. Case no. 200 of 2023 registered under section 366A of the Indian Penal Code.

As per the prosecution case, the informant states that his two nieces who were both minors disappeared. In course of search it transpired that one Rohit Kumar and the petitioner herein have a hand in their disappearance.

It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide

Patna High Court CR. MISC. No.12095 of 2024(3) dt.27-03-2024 2/3

order dated 20.12.2023 (Annexure-1) passed in Cr. Misc. no. 69029 of 2023 giving liberty to the petitioner to renew his prayer for bail after framing of charge. It is submitted that the petitioner is in custody since 5.7.2023 and charge has been framed against the petitioner in the learned trial Court. The petitioner undertakes to cooperate in the trial.

The prayer for bail is opposed by learned A.P.P for

the State

A report was called for from the learned trial Court. As per the report received contained in letter dated 7.3.2024 of the I^st Additional District and Sessions Judge, Saran at Chapra, the case is pending at the stage of prosecution evidence.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, liberty granted to the petitioner by the aforesaid order of rejection dated 20.12.2023, charge having been framed in the learned trial Court as is evident from the report contained in letter dated 7.3.2024 and the petitioner having remained in custody for 8 months since 5.7.2023, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.4 of 2024 (arising out of Rivilganj P.S. Case no.200 of 2023) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties

Patna High Court CR. MISC. No.12095 of 2024(3) dt.27-03-2024 3/3

of the like amount each to the satisfaction of the learned 1^st

Additional Sessions Judge, Saran at Chapra.

(Partha Sarthy, J)

avinash/-

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