Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11619 of 2025 Arising Out of PS. Case No.-558 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Munna Kumar S/O Pannalal Sahani R/O Village-Jogiya, P.S.-harsidhi, District-East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Advocate Mr. Dhananjay Kr. Gupta, Advocate Mr. Dhandev Kumar, Advocate Mr. Atul Kumar, Advocate For the Opposite Party/s :
Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In this present case, the petitioner seeks bail in connection with Harsidhi P.S. Case No. 558 of 2024 registered for the offences under Sections 310(4) and 310(5) of the B.N.S. and Section 25(1-B)a, 26 and 35 of the Arms Act.
3. As per prosecution case, police received information about co-accused Rahul Kumar Yadav, accused of a robbery case and his associates moving in a Bolero vehicle. Checking of the vehicles was started and identified vehicle was stopped. The persons sitting in the vehicle tried to flee away from the spot on seeing the police party but all these persons
Patna High Court CR. MISC. No.11619 of 2025(2) dt.06-03-2025 2/3 were apprehended including this petitioner. On search of the vehicle, from a secret compartment, recovery of country made katta with one live cartridge and a knife were made.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of this petitioner. The petitioner has no concern with other co-accused persons or the vehicle from which firearm and knife were recovered. Petitioner is in custody since 22.10.2024 and charge-sheet has been submitted. Petitioner is having clean antecedent.
5. Learned A.P.P. opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and also considering the clean antecedent of the petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, East
Patna High Court CR. MISC. No.11619 of 2025(2) dt.06-03-2025 3/3 Champaran, Motihari/concerned court in connection with Harsidhi P.S. Case No. 558 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T