Munna Singh @ Munna Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43529 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -BHAGHA District- WESTCHAMPARAN (BETTIAH) ====================================================== Munna Singh @ Munna Kumar Singh son of Ramekbal Singh, Resident of Village Bhangaha, Police Station Bhangaha, District West Champaran .... .... Petitioner

Versus

1. The State of Bihar

2. The S.S.B. Bhangaha Post, District West Champaran .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate For the State : APP For the Union of India: Mrs. Shail Kumari, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.08.2016 in connection with Bhangaha P.S. Case No. 26 of 2016 for the offences alleged under Section 414 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

3. It is submitted that the petitioner has been falsely implicated and even according to the accusation made in the FIR, the ingredients of the alleged offence are not made out against the petitioner. Admittedly, the motor-cycle in question belonged to the co-accused Subarati Mian and the diesel in question alleged to have been brought from Nepal. Moreover, the diesel is not an essential commodity nor there is any limit for its purchase and storage.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in

Patna High Court Cr.Misc. No.43529 of 2016 (2) dt.20-10-2016 2/2 connection with Bhangaha P.S. Case No. 26 of 2016 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Ibrar U T