Munchun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14385 of 2020 Arising Out of PS. Case No.-509 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== MUNCHUN KUMAR Son of Arbind Singh @ Arvind Singh Resident of Village- Gopalpur Chaknai, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Madhuri Kumari For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that the six accused persons including the petitioner on two motorcycles came and co-accused Aditya Kumar shot down the informant's son while others fled away firing gun shots. The victim was brought to the Hospital where he was declared dead.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.12.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The main allegation is

Patna High Court CR. MISC. No.14385 of 2020(2) dt.02-03-2020 2/2 alleged against the co-accused, namely, Aditya Kumar, who is alleged to have fired upon the deceased which led to his death. So far the petitioner is concerned, he is a member of unlawful assembly. Except for this, there is no other substantive evidence to suggest his implication in this case. No overt act is alleged against the petitioner nor any injury is said to have been caused by him upon the deceased.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned C.J.M., Vaishali (Hajipur) in connection with Bidupur P.S. case No.509 of 2019.

(Sudhir Singh, J) Narendra/- U T