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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5077 of 2022 Arising Out of PS. Case No.-116 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== MD. MUNNA KUMAR @ MD. MUNNA S/o Md. Afjal Resident of VillageNarsanda, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant, who is a police officer alleges that on 14.02.2021 at 5:00 AM while he was patrolling with his team he stopped a pick-up van from which some accused fled but one was caught who discloses the name of the petitioner as one of the accused who had fled along with three others, it is next alleged that pick-up van was searched and from the same in presence of two independent witnesses a lock cutter

Patna High Court CR. MISC. No.5077 of 2022(2) dt.18-08-2022 2/3 found, further the apprehended accused disclosed that they cut lock of the shop and steal valuables and keep them in the pick-up van.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that his name came in the confessional statement of co-accused which has not evidentiary value, it is also submitted that no looted or theft articles were found in the pick-up van except for a lock cutter. It is also submitted that petitioner is a person with clean antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kanti

Patna High Court CR. MISC. No.5077 of 2022(2) dt.18-08-2022 3/3 (Panapur O.P.) P.S. Case No. 116 if 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T