Mannu Singh vs State Of Bihar

Ahsanuddin Amanullah, J

The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

Heard Mr. Ranjeet Kumar Singh, learned counsel for the petitioner and Mr. Shailendra Kumar Singh, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioner is in custody in connection with Dandari PS Case No. 50 of 2019 dated 09.05.2019 instituted under Sections 394 and 307 of the Indian Penal Code and 27 of the Arms Act.

The allegation against the petitioner and two others is of firing on the brother of the informant and looting their motorcycle.

Learned counsel for the petitioner submitted that the FIR is against unknown persons. It was submitted that only on the confessional statement of co-accused Sandeep, the petitioner has also been made an accused. Learned counsel submitted that though the petitioner is accused in seven other cases but in one, he has been acquitted and in six he is on bail. Learned counsel submitted that the informant has stated that he and his brother could identify the persons who had committed the crime but despite the Investigating Officer having requested them for Test Identification Parade, they have refused to do so. Learned counsel submitted that there has been no recovery from the petitioner and he is in custody since 23.05.2019. Learned counsel submitted that the Court may impose strict conditions on the petitioner.

Learned APP, from the case diary, submitted that co-accused have stated that petitioner was also one of the three persons involved in the crime and that the petitioner has criminal antecedent.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in Dandari PS Case No. 50 of 2019 subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to do so shall also lead to cancellation of his bail bonds. In addition to the aforesaid conditions, the petitioner shall present himself before the SHO/Officer In-charge of Sahebpur Kamal Police Station in the district of Begusarai ever Monday at 11.00 A.M., who shall record his presence and also take the signature of the petitioner. Record of the same shall be maintained. The same shall start from the first Monday after release of the petitioner and shall continue till the end of the trial. If the petitioner fails to comply with the same, the SHO/Officer In-charge, Sahebpur Kamal PS shall inform the Court concerned forthwith and the concerned Court shall cancel the bail bonds of the petitioner and he shall be taken into custody. On the first Monday after his release, the petitioner while appearing before the SHO/Officer In- charge shall also serve a copy of this order on him, who, in turn, shall transmit a copy of the order to the Superintendent of Police, Begusarai and also bring it to his personal notice.

Registry shall also communicate the order to the Superintendent of Police, Begusarai, forthwith, for strict compliance.

The application stands disposed off in the aforementioned terms.