Munchun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6900 of 2023 Arising Out of PS. Case No.-169 Year-2022 Thana- SALIMPUR District- Patna ====================================================== 1.

MUNCHUN KUMAR S/O TANIKAN RAY R/v- Saidpur, Bakhtiyapur, P.S.- Salimpur, District- Patna 2.

GUDDU KUMAR S/O VINOD RAY R/v- Saidpur, Bakhtiyapur, P.S.- Salimpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 414/34 of the IPC. As per prosecution case, the police party received a secret information that two persons are walking with a stolen motorcycle. Thereafter police party reached at that place on chase, one person was apprehended there and one succeeded to flee away. Apprehended person told his name as petitioner no. 1

Patna High Court CR. MISC. No.6900 of 2023(3) dt.15-05-2023 2/3 and he disclosed that this motorcycle has been stolen by petitioner no.2, who managed to flee away.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that on the basis of self confessional statement of petitioners, they have been implicated in this case, which has got no evidentiary value in the eyes of law. Only on the basis of suspicion, petitioners have implicated in the present case by the police. He further submitted that no any person complained regarding theft motorcycle. The trial of this case is triable by learned Judicial Magistrate. Petitioner no. 1 is languishing in judicial custody since 26.08.2022 and petitioner no. 2 is in judicial custody since 30.08.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.6900 of 2023(3) dt.15-05-2023 3/3 Judicial Magistrate-1st Class, Patna in connection with Salimpur P.S. Case No. 169 of 2022.

(Sunil Kumar Panwar, J) arish/- U T