Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18261 of 2020 Arising Out of PS. Case No.-343 Year-2019 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.

MUNNA KUMAR Son of Shankar Paswan Resident of Village - Rampur Manorath, P.S.- Patahi, District- East Champaran 2.

Subhash Paswan Son of Mandeo Paswan Resident of Village - Rampur Manorath, P.S.- Patahi, District- East Champaran 3.

Santosh Paswan Son of Harendra Paswan Resident of Village - Rampur Manorath, P.S.- Patahi, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioners and the learned APP appearing for the State. The petitioners seek regular bail in connection with Pakaridayal P.S. Case No. 343 of 2019 for the offence punishable under Sections 379 and 382 of the Indian Penal Code.

The allegation is regarding unknown miscreants having

Patna High Court CR. MISC. No.18261 of 2020(2) dt.04-06-2020 2/3 apprehended the informant and his son, who were coming on a motorcycle and having fled away after snatching the gunny bag containing a sum of Rs.2 lakh.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have not been named in the FIR, are having a clean antecedent and are languishing in custody since 29.11.2019. It is further submitted that neither any recovery of the looted cash amount has been made from the petitioners nor TI Parade has been held so as to connect the petitioners with the alleged crime..

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, taking into account the submissions advanced by the learned counsel for the petitioners apart from the fact that neither any recovery of any looted cash amount has been made from the petitioners nor TI parade has been conducted so as connect the petitioners with the alleged crime and moreover since the petitioners are having a clean antecedent, I deem it fit and proper to direct for release of the petitioners on regular bail.

According, the petitioners, above named, are directed

Patna High Court CR. MISC. No.18261 of 2020(2) dt.04-06-2020 3/3 to be released on regular bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Pakaridayal P.S. Case No. 343 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U