Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34462 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- BIKRAM District- Patna ====================================================== Munna Kumar Son of Guddu Ram Resident of village - Arap, P.S.- Bikram, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar, Adv.
For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bikram P.S. Case No. 31 of 2024 instituted for the offences under Section 413 of the Indian Penal Code.
3. As per prosecution case, the police, on receipt of secret information, reached at the place of occurrence. On seeing the police, one boy tried to flee away but, was chased and apprehended by the police who disclosed his name as Munna Kumar (the petitioner). On search, from his possession, several Mobiles, Laptops etc., kept in a bag, were recovered from his possession. It is alleged that the
Patna High Court CR. MISC. No.34462 of 2024(2) dt.06-05-2024 2/3 petitioner failed to provide any document of the seized articles.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence or the seized article. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 27.01.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the
Patna High Court CR. MISC. No.34462 of 2024(2) dt.06-05-2024 3/3 petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bikram P.S. Case No. 31 of 2024, subject to the following conditions; (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below.
(ii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) rishi/- U T