Munna Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5027 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- KARPI District- Jehanabad ====================================================== MUNNA KHAN Son of Ali Imam Khan R/V- Baijalpura, P.S- Uphara, DistAurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Nurul Hoda For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Karpi P.S. Case No. 142 of 2022, registered for the offences punishable under Sections 414/34 of the IPC and sections 25 (1-b)a, 26 and 35 of the Arms Act. As per allegation, the petitioner, along with other coaccused persons looted away Rs. 2,66,300/- from the cash counter of the branch of Punjab National Bank at the point of pistol.
The learned counsel for the petitioner has submitted that he was not arrested at the spot. Nothing was recovered from his possession and his name has figured in the confessional statement of arrested accused persons. He has submitted further
Patna High Court CR. MISC. No.5027 of 2023(2) dt.29-04-2023 2/3 that arrested accused persons Rajesh Paswan and Shailendra Kumar @ Angad @ Shekhar have been granted bail by the coordinate Benches of this Court. The petitioner is under custody since 27.06.2022.
Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Arwal in connection with Karpi P.S. Case No. 142 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
(iii) The petitioner shall remain present physically on each and every date before the court below till framing of the charges and
Patna High Court CR. MISC. No.5027 of 2023(2) dt.29-04-2023 3/3 his failure to physical appearance shall lead to cancellation of his bail bond.
(Nawneet Kumar Pandey, J) Kundan/Nirmal U T