Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22739 of 2022 Arising Out of PS. Case No.-360 Year-2019 Thana- PIPRA District- East Champaran ====================================================== Munna Kumar S/o Jai Narayan Sah R/o village- Hathiyahi, Hakhiyahai, P.S.- Piprakothi, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Advocate.

For the Opposite Party/s :

Mr. Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Pipra P.S. Case No. 360 of 2019 lodged under Sections 392 of the Indian Penal Code.

As per the prosecution case when the informant who is in-charge of Mangalbari Bazar was visiting to his market after taking Rs./- 1,80,000 from the bank then the persons who were standing near the motorcycles came near the informant and snatched Rs./- 1,80,000 and fled away. The accused persons were unknown to the informant.

Learned counsel for the petitioner submits that he is innocent as neither money nor any incriminating material has been recovered from the possession of the petitioner. He has

Patna High Court CR. MISC. No.22739 of 2022(2) dt.26-07-2022 2/3 also submits that T.I.P. has also not taken place in this case. He submits that he is in custody since 02.03.2021 and charge sheet has already been filed but on the point of criminal antecedent he has categorically mentioned in paragraph 10 of his bail application that he is initially arrested in Pakridayal P.S. Case No. 330 of 2019 thereafter police has either remanded him in another cases or made accused by virtue of confessional statement of other persons. He also submits that he is a law abiding citizen and he is on bail in all the 5 cases which is pending against him. He is also ready to assure this Court that he shall not involve in any criminal activities. Learned counsel for the State opposes the prayer for bail.

Considering the facts and circumstances and the submissions made above of this case, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Sri Rupesh Kumar, learned Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Pipra P.S. Case No. 360 of 2019, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. The petitioner is directed to appear on each and every

Patna High Court CR. MISC. No.22739 of 2022(2) dt.26-07-2022 3/3 date before the Trial Court, in case of non-appearance for two consecutive dates, shall resulted into cancellation of his bail bond. If he shall involve in such type of activities again, the prosecution shall be at liberty to move for cancellation of his bail bond.

Accordingly, the bail application stands allowed. (Dr. Anshuman, J.) guddu/- U T