Munna Kumar Singh @ Kishan Kumar @ Kishan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18008 of 2024 Arising Out of PS. Case No.-555 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Munna Kumar Singh @ Kishan Kumar @ Kishan Singh S/o Ram Naresh Singh R/o Vill - Katra Ward No. 05, P.S. - Katra, Dist. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sitamarhi (Mehsaul O.P.) P.S. case No. 555 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that two miscreants entered the house of the informant and took away Rs. 40,470/- on the point of pistol.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation only on the basis of

Patna High Court CR. MISC. No.18008 of 2024(3) dt.03-04-2024 2/3 suspicion. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted article. Learned counsel further submitted that T.I.P. has not been conducted till date. Charge-sheet has been submitted in this case. Similarly situated co-accused person has already been granted bail by this Court vide order dated 04.03.2024 passed in Cr. Misc. No. 13110 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.10.2023 and has five criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sitamarhi (Mehsaul O.P.) P.S. case No. 555 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.18008 of 2024(3) dt.03-04-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T