Munna Kumar Rai @ Munna Rai @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4478 of 2020 Arising Out of PS. Case No.-677 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== Munna Kumar Rai @ Munna Rai @ Munna Kumar, aged about 18 years, male, Son of Bira Ray, Resident of Village- Senduari, P.S.- Marhowrah, District- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash, Adv.

For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-06-2020 Heard Mr. Satya Prakash, learned counsel for the petitioner and learned APP for the State.

The petitioner, who is in custody since 13.11.2019, seeks bail in connection with Chapra Town P.S. Case No. 677 of 2019, dated 11.11.2019, instituted for the offence under Section 392 of the Indian Penal Code.

The petitioner is not named in the F.I.R. It appears that the informant was waylaid by two or three

Patna High Court CR. MISC. No.4478 of 2020(3) dt.05-06-2020 2/3 miscreants riding a motorcycle. The miscreants appeared to have left the motorcycle at the place of occurrence. The motorcycle is stated to be of the petitioner. The learned counsel for the petitioner has submitted that the motorcycle was borrowed by two of the associates of the petitioner who played truant. The petitioner had gone to the police station to get his motorcycle released, when he was arrested on this charge. It has further been submitted on behalf of the petitioner that while the Court below rejected the prayer for bail of the petitioner, an observation was made way-back on 21.12.2019 for renewing his prayer for bail after one and half months.

Normally, I would have directed the petitioner to withdraw this petition and move the Court below for grant of bail. However, looking at the period of custody of the petitioner, I am inclined to grant bail to him. While saying so, this Court has also taken note of the fact that the petitioner does not have criminal antecedents. Let the petitioner above-named be released on bail

Patna High Court CR. MISC. No.4478 of 2020(3) dt.05-06-2020 3/3 on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P.S. Case No. 677 of 2019.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T