Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36616 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- AGRER District- Rohtas ====================================================== Monu Kumar S/o Upendra Singh R/o vill - Mokar, P.S. - Agrer, Distt. - Rohtas, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyajeet Pandey, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Agrer P.S. Case No. 06 of 2024 instituted for the offences under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

3.

As per prosecution case, the allegation against the petitioner is of being involved in snatching of one mobile phone from the Informant on the gun point. It is further alleged that one of the miscreants has also opened fire.

Patna High Court CR. MISC. No.36616 of 2024(2) dt.15-05-2024 2/3 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. The petitioner is not named in the F.I.R. and has also not been arrested from the place of occurrence. The name of the petitioner has surfaced in this case on the basis of the confessional statement of co-accused Anish Kumar. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent and is languishing in judicial custody since 23.02.2024 without any rhymes or reason. Other co-accused has been granted bail by this Court vide order dated 23-04-2024, passed in Cr. Misc. No. 30943 of 2024.

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 petitioner and claim based on parity, 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

Patna High Court CR. MISC. No.36616 of 2024(2) dt.15-05-2024 3/3 Agrer P.S. Case No. 06 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T