Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2106 of 2025 Arising Out of PS. Case No.-188 Year-2024 Thana- MAKER District- Saran ====================================================== Munna Kumar S/o Sri Ashok Bhagat @ Ashok Kumar R/o Village- Bahilwara Rupnath Uttari, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No 13, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Maker P.S. Case No. 188 of 2024, instituted for the offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, four unknown persons have committed robbery in the flour mill of the informant and took away his PAN card, AADHAAR card, cash of Rs. 16,000/-, mobile phone and another mobile phone of his associate namely, Vishal Kumar.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.2106 of 2025(2) dt.27-01-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Santosh Kumar and the same has got no evidentiary value. It is next submitted that neither any recovery of looted articles have been made from the possession of the petitioner nor any T.I. parade has been conducted in this case. The petitioner is in custody since 27.07.2024 and has got two criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 22.01.2025 passed in Cr. Misc. No. 1833 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.2106 of 2025(2) dt.27-01-2025 3/3 below/concerned Court in connection with Maker P.S. Case No. 188 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T