High Court Patna High Court - Orders

Mantosh Kumar vs The State Of Bihar on 1 September, 2010

Patna High Court – Orders
Mantosh Kumar vs The State Of Bihar on 1 September, 2010
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Cr.Misc. No.32023 of 2010
                                 MANTOSH KUMAR
                                         Versus
                               THE STATE OF BIHAR
                                       -----------

2. 1.9.2010 Heard learned counsel for the petitioner and

the State.

The petitioner was granted regular bail on

2.7.2010 in Cr. Misc. no. 22259 of 2010 with an

observation that he was to be released if he had no

antecedent.

This application has been field for

modification of that order stating that he has one

antecedent in Barauni Rail P.S. Case No. 6 of 2010 under

Section 379 of the Penal Code.

Learned counsel for the petitioner fairly

acknowledges that it also relates to alleged theft of a

motorcycle. The petitioner is stated to have been

enlarged on bail therein. It is submitted that the

petitioner has now remained in custody since 20.1.2010.

Thus the prayer for modification. The Court queried from

the counsel that if bail were to be granted, in nature of

the allegation, in view of the antecedent why should the

conditions for bail be not modified. Learned counsel

submits that it may not be done.

Having considered the facts and
2

circumstances of the case in its entirety, that the

petitioner has an antecedent of a similar nature, the

period of custody in the present allegations, the order

dated 2.7.2010 is modified to the extent that the value of

the bail bonds is increased to Rs. 30,000/- (thirty

thousand) in context of Phulwaria P.S. Case No. 6 of

2010 pending in the Court of the Chief Judicial

Magistrate, Begusarai.

Both the sureties must be his father and

mother respectively whose photographs and proof of

residence shall be appended to the bail bonds to be

verified through the local police before final acceptance.

P. Kumar                                                (Navin Sinha, J.)