Monu Singh @ Monu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24102 of 2020 Arising Out of PS. Case No.-107 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== MONU SINGH @ MONU KUMAR SINGH Son of Shankar Singh Resident of Village - Basant Khurd, P.S. - Suppi, District - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Mishra, Advocate.
For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-10-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 394, 302, 307 & 34 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, while the informant was travelling with his father by a bus, on the way, six miscreants boarded on three motorcycles stopped the bus and started snatching bags from his father. When his father made protest, the miscreants are said to have resorted firing upon his father causing injury to him. Thereafter, the miscreants managed to escape from the place of occurrence after snatching bag containing cash of Rs.1,00,000.00, pass book etc. by
Patna High Court CR. MISC. No.24102 of 2020(3) dt.20-10-2020 2/3 motorcycle.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to dirty local politics. The petitioner is neither named in the F.I.R. nor he was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that no test identification parad has been conducted. It is also submitted in paragraph-3 of the supplementary affidavit that co-accused, namely, Mantu Sah, Shyam Pandey and Rajesh Patel have been granted bail by different co-ordinate Bench of this Court vide order dated 28.05.2020, 02.07.2020 and 08.09.2020 passed in Cr. Misc. Nos.76505 of 2019, 18912 of 2020 and 77896 of 2019 respectively and all are not named in the F.I.R. and the petitioner's case is similar in nature. The petitioner has been languishing in custody since 23.08.2020.
Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, after framing of charge, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty
Patna High Court CR. MISC. No.24102 of 2020(3) dt.20-10-2020 3/3 Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Majorganj P.S. Case No.107 of 2019. (Anjani Kumar Sharan, J.) Trivedi/- U T