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Patna High CourtCR. MISC./5562/2019bail granted

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

2019-01-31Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5562 of 2019 Arising Out of PS. Case No.-162 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== Munna Kumar Singh @ Munna Kumar, aged about 41 years, Male, Son of Rajeshwar Prasad Resident of Sanjay Nagar, Road No. 10, Postal Park, P.S.- Jakkanpur and District- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar Singh,Advocate.

For the Opposite Party :

Mr.Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 384 and 387/34 of the IPC. The prosecution story, in brief, is that the informant and co-accused Kameshwar Prasad were working together as land broker. Kameshwar Prasad gave Power of Attorney executed by a forged person in respect to a house situated on DBlock of Kadamkuan to the informant's one of the client to sell the same to him. Having came to know the same, the informant protested and asked Kameshwar Prasad to either get the sale deed executed by real person or refund the money that he has received on which Kameshwar Prasad threatened him and asked

Patna High Court Cr.Misc. No.5562 of 2019(2) dt.31-01-2019 2/3 the informant to transfer his own house to him or his wife, failing which pay Rs. 10 Lacs by way of extortion. The informant protested then Kameshwar Prasad took help of some of renowned criminals like Munna Kumar Singh (petitioner), Sunny Sao, Rakesh Sharma @ Rakesh Lulha etc. and sent them to demand Rangdari one after another and they threatened to transfer his house to him failing which they would get them murdered and his only son kidnapped.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There was dispute in respect of land between the informant and co-accused Kameshwar Prasad. The petitioner is said to be one of the associates of said co-accused Kameshwar Prasad. General and omnibus allegation has been made against the petitioner. Other co-accused, namely, Kameshwar Prasad has been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 69980 of 2018 order dated 06.12.2018.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.5562 of 2019(2) dt.31-01-2019 3/3 Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Patna, in connection with Kadam Kuan P.S. Case No. 162 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T