Munna Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26399 of 2023 Arising Out of PS. Case No.-254 Year-2017 Thana- BAKHTIYARPUR District- Patna ====================================================== MUNNA SAW S/O- Ghanshyam Saw, Resident Of Village- Hakikatpur, Bakhtiarpur, P.S.- Bakhtiarpur, District- Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Sr. Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-05-2023
1. Heard learned senior counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Bakhtiarpur P.S. Case No. 254 of 2017, dated 07.07.2017 registered for the offences punishable under Sections 302 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The main submissions advanced by learned senior counsel for the petitioner are that the petitioner has fair and clean antecedent, he is not named in the FIR but during investigation, name of this petitioner came into light in the statements of co-accused persons namely, Govinda @ Gonga and Dhamiya @ Dharambir Kumar, who have been granted bail
Patna High Court CR. MISC. No.26399 of 2023(2) dt.24-05-2023 2/3 by different co-ordinate Benches of this Court vide orders passed in Cr. Misc. Nos. 71806 of 2021 and 27006 of 2022 respectively and some other co-accused persons namely, Parem Kumar @ Dhananjay Kumar @ Dhananjay Yadav @ P.K. Yadav @ Prem Kumar, Gaurav Kumar, Suraj Kumar Verma @ Vikki Kumar Kumar Verma and Rauki Kumar have been granted bail by co-ordinate Benches of this Court vide orders passed in Cr. Misc. No. 54670 of 2021, 47875 of 2021, 65831 of 2021 and 44616 of 2022 respectively. Further submissions are that the petitioner has been languishing in jail since 04.02.2023 and against him the investigation has been completed.
4. Learned APP appearing for the State opposes the prayer for bail.
5. Considering the above submissions and mainly the privilege of bail having been granted to co-accused persons namely, Govinda @ Gonga and Dhamiya @ Dharambir Kumar by co-ordinate Benches of this Court as mentioned above and as per above submission, name of this petitioner came into light in the statements of the said co-accused persons and some other co-accused persons mentioned-above are also on bail and the petitioner is not named in the FIR and he has fair and clean antecedent and as per the allegation made in the FIR the
Patna High Court CR. MISC. No.26399 of 2023(2) dt.24-05-2023 3/3 informant mainly raised suspicion against the named co-accused Chintu Kumar, on account of having political rivalry with the deceased and against the petitioner investigation has been completed, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Bakhtiarpur P.S. Case No. 254 of 2017.
(Shailendra Singh, J.) maynaz/- U T