Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24344 of 2020 Arising Out of PS. Case No.-208 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== MUNNA KUMAR S/o Dharmnath Sahani Resident of Village-Hatsarganj, P.S.-Town (Hajipur), District-Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Ms. Anita Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-12-2020 Heard Mr. Santosh Kumar, learned counsel for the petitioner and Ms. Anita Kumari, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Jandaha P.S. Case No. 208 of 2019 registered for the offences punishable under Sections 302/34 of the Indian Penal Code 1860 and Section 27 of the Arms Act.
The prosecution story as per the First Information Report is that Ramu Sahni, Santosh Mahto and Birju Das called brother of the informant and took him along with them. Subsequently, the brother of the informant was found shot dead. The reason behind the murder has been stated to be that the brother of the informant had performed marriage with the daughter of Santosh Mahto.
Patna High Court CR. MISC. No.24344 of 2020(4) dt.01-12-2020 2/3 Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of confessional statement of co-accused Abhishek Kumar. Learned counsel further submits that the petitioner is not named in the First Information Report and even from perusal of the confessional statement of co-accused Abhishek Kumar on its face value, no role has been attributed to the petitioner that he was actively involved in the murder of the deceased. Learned counsel also submits that the petitioner is in custody since 25.10.2019.
Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 25.10.2019, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Vaishali at Hajipur, in connection with Jandaha P.S. Case No. 208 of 2019 subject to the conditions that the petitioner will be well represented on each date in the trial and if he fails to do so
Patna High Court CR. MISC. No.24344 of 2020(4) dt.01-12-2020 3/3 on two consecutive dates, his bail bonds will be liable to be cancelled.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T