Munna Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21880 of 2023 Arising Out of PS. Case No.-81 Year-2020 Thana- TRIVENIGANJ District- Supaul ====================================================== MUNNA SARDAR Son of Late Babu Jee Sardar R/V- Daparkha Ward no. 4, PS- Triveniganj Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prafull Chandra Thakur For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code.

As per allegation in the FIR, it is alleged that the petitioner is indulged in hatching conspiracy to kill the informant's son namely, Ajay Kumar in connivance with others in the background of monetary dispute.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the informant nor anyone is eye witness of the alleged offence. During course of the investigation, no any consistent material has come against the

Patna High Court CR. MISC. No.21880 of 2023(2) dt.22-05-2023 2/2 petitioner which shows his complicity in the alleged offence. The entire prosecution hings around merely on suspicion. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, similarly situated coaccused namely, Pramila Devi has already been granted bail by a co-ordinate Bench of this Court vide order dated 29.4.2023 passed in Cr. Misc. No. 17104 of 2023 petitioner is languishing in judicial custody since 7.11.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, petitioner being a lady as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Triveniganj P.S. Case No. 81 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul.

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