Patna High CourtCR. MISC./15034/2019bail granted

Munna Kumar v. The State Of Bihar

2019-03-14Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15034 of 2019 Arising Out of PS. Case No.-1229 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== MUNNA KUMAR Son of Lal Babu Rai Resident of Village- Bara Jagarnnath, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Bela Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 13.11.2018 in connection with Ahiyapur P.S. Case No. 1229 of 2018, GR No. 7019 of 2018 for offences punishable under Section 401 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that during patrolling duty they found three persons moving with iron rod. On chase they were apprehended and the petitioner was found to be possessing a knife. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, no overt act has been committed and he is languishing in judicial custody

Patna High Court CR. MISC. No.15034 of 2019(2) dt.14-03-2019 2/2 for more than four months charge-sheet having been submitted there being no allegation of tampering with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1229 of 2018, GR No. 7019 of 2018, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Rajesh/- U T