Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19576 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -LAXMIPUR District- JAMUI ====================================================== Munna Kumar, Son of Sri Chandradeo Sah (Poddar), Resident of VillageKusumjori, P.S.- Chanan, District- Banka. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Birju Prasad For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Laxmipur P.S. Case No. 16 of 2016, registered under Sections 147, 148, 149, 121, 121(A) and 120(B) of the Indian Penal Code and Section 3, 4 and 5 of the Explosive Substance Act, Section 25(1-b)a/26 of the Arms Act and Sections 16, 18, 20, 21 and 22 of the U.A.P. Act.

The accusation is that on receiving the secret information about holding a meeting by Naxalite in Jhopa forest. On 20.01.2015, Police reached there in the night, where petitioner and one Sachin Kumar are said to be apprehended by the Police. On search nothing was found from the possession of the petitioner.

Patna High Court Cr.Misc. No.19576 of 2016 (2) dt.09-05-2016 2/2 Learned counsel for the petitioner submits that petitioner was found in possession of mobile and motorcycle. Further submission is that, in fact, petitioner was passing over through the road and he was apprehended by the Police merely on suspicion. Further submission is that similarly situated coaccused Sachin Kumar @ Sachin Kumar Verma has already been granted privilege of bail by a co-ordinate Bench of this Case this Court vide order dated 30.03.2016 passed in Criminal Misc. No. 12597 of 2016. Further submission is that petitioner has not criminal antecedent is in custody since 21.01.2016. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.

10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Jamui in connection with U.A.P. Case No. 07 of 2016 arising out of Laxmipur P.S.Case No. 16 of 2016. Out of two sureties, one surety must be the parents/close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J.) manish/- U T