Md. Munna @ Md. Munna Mansuri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16234 of 2025 Arising Out of PS. Case No.-248 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== Md. Munna @ Md. Munna Mansuri Son of Md. Samsuddin Resident of Village -Andhana PS- Noorsarai District -Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Dr. Iti Suman, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in a case registered for the offence registered under Section 392 of the Indian Penal Code.
3. That the prosecution case is instituted on the written report of informant Pankaj Kumar S/O- Balkishori Ram R/O- Basniyava, P.S- Harnaut Distt. Nalanda on date 29.04.2023 at around 5 P.M in evening, I was near Gomawa turn in search of a passenger. At the same time, two persons came to me and fix a fare of rupees 400 for Mahraura but due to traffic jam in the market he took both of them from Gonawa turn at 5:10 pm and reached near Madhara school near at around 6:30
Patna High Court CR. MISC. No.16234 of 2025(3) dt.14-05-2025 2/3 pm when a person sitting behind pointed a pistol at him and asked him to stop, he stropped the vehicle out of fear. At the same time, two persons came on two motorcycles and snatched vivo company mobile SIM number 6287604064 and 7091319909 and rs. 1500 cash. The criminals covered the informant with towel and pushed him into the filed. When the informant remove the towel and looked, the criminals were running away with the e-rickshaw.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. She further submits that petitioner is not named in the FIR and as such FIR has been lodged against unknown person infact, name of the petitioner has been transpired from the confessional statement of the co-accused Sanju Ravidas and except this there is no cogent evidence which shows the involvement of the petitioner in the present case. She further submits that no looted article has been recovered from the conscious possession of the petitioner. She next submits that investigation has already been concluded and accordingly, chargesheet has been submitted but no TIP has been found against the petitioner. She next submits that petitioner is in custody since 17.08.2023 and he has four criminal antecedent as stated in para-3 of the bail petition.
Patna High Court CR. MISC. No.16234 of 2025(3) dt.14-05-2025 3/3
5. However, learned APP for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering all facts and circumstances of the case, submission of learned counsel for the petitioner and also the fact that no looted article has been recovered from the conscious possession of the petitioner and also the fact that period of custody of the petitioner is more than one year, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, 3rd, Biharsarif, Nalanda in connection with Sessions Trial No.257 of 2024 arising out of Harnaut P.S. Case No.248 of 2023.
(Ramesh Chand Malviya, J) Harshita/- U T