Munna Thakur @ Munna Ansari @ Md. Munna Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6528 of 2023 Arising Out of PS. Case No.-1167 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== MUNNA THAKUR @ MUNNA ANSARI @ MD. MUNNA ANSARI, S/O SAFAK ANSARI @ SAFAJUDDIN, Resident of Village- Alam Tola, Ward No. 22, Forbesganj, P.S.- Forbesganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Mukesh Kumar Rana, Advocate For the State :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-05-2023 List of these matters has been notified today. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Forbesganj P.S. Case No. 1167 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code.

Fifty five thousand rupees (Rs. 55,000/-) have been looted from the cash-counter by 4 unknown persons. Investigation has leveled the name of co-accused Amit Kumar Sharma and Amit Kumar Sharma's confessional statement has led to petitioner's implication and arrest in the instant case whereafter he has remained in custody since 15.11.2022.

Learned counsel for the petitioner submits that the petitioner's implication has led to no recovery and the person who

Patna High Court CR. MISC. No.6528 of 2023(2) dt.08-05-2023 2/3 has stated the petitioner's name has been allowed bail in Cr. Misc. No. 68573 of 2021. It is stated that the petitioner has one antecedent, as per disclosure made in para-3 of the bail petition. Moreover, investigation is also complete and as such there is no chance of tampering of evidence.

Learned APP for the State has opposed the prayer for bail. He has stated about the petitioner's antecedent and the fact that he has been named by a co-accused.

Considering the rival submissions, the fact that no recovery has been attributed to the petitioner and grant of bail to coaccused who has stated about the petitioner's involvement, keeping in background the petitioner's period of custody, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by learned counsel for the petitioner. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case No. 1167 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.6528 of 2023(2) dt.08-05-2023 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T