Munmun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7557 of 2019 Arising Out of PS. Case No.-85 Year-2017 Thana- PIRO District- Bhojpur ====================================================== Munmun Singh, son of Bishwanath Singh, Resident of Village - Balua Tola, Police Station - Piro ( Hasan Bazar ), District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Sudama Singh Sri Arun Kumar Singh For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-04-2019 Heard Sri Sudama Singh, learned counsel assisted by Sri Arun Kumar Singh, learned counsel for the petitioner and learned Additional Public Prosecutor.

The sole petitioner apprehending his arrest in connection with Piro ( Hasan Bazar) P.S. Case No. 85 of 2017 , registered for the offence under Section 379/411/414/34 of the Indian Penal Code, 1860 , has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner has drawn my attention to the F.I.R. and submits that only on the basis of confessional statement of co-accused petitioner has been arrayed as accused in the F.I.R., otherwise nothing has been recovered from conscious position of the petitioner. As per F.I.R. it is evident that three persons were apprehended by

Patna High Court CR. MISC. No.7557 of 2019(3) dt.04-04-2019 2/2 Police on a stolen motorcycle and it appears that one accused person fled away, not this petitioner. It is evident that petitioner's name has come only in confessional statement of co-accused. Learned counsel for the petitioner has also drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent. In that view of the matter, there is no reason to refuse the prayer for grant of anticipatory bail. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Munmun Singh be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - IV, Ara / concerned court in connection with Piro (Hasan Bazar) P.S. Case No. 85 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T