Munna Kumar @ Munna Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17444 of 2023 Arising Out of PS. Case No.-226 Year-2022 Thana- PATAHI District- East Champaran ====================================================== Munna Kumar @ Munna Kumar Rai Son Of Ranagya Ray Resident Of Village- Rupani Math, Ps- Patahi, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 302, 120B, 34 of the Indian Penal Code.

As per F.I.R., the allegation against the petitioner along with others is of killing the son of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. The petitioner is a disabled person as apparent from paragraph 11 of the case diary. There is no eye witness of the alleged occurrence. During the course of investigation, no cogent evidence has come to show the complicity of the petitioner in the alleged occurrence. There is general and omnibus allegation

Patna High Court CR. MISC. No.17444 of 2023(3) dt.26-06-2023 2/2 against the petitioner and other accused persons. The petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 04.11.2022. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Patahi P.S. Case No. 226 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari. (Sunil Kumar Panwar, J) lata/- U T