Patna High CourtCR. MISC./36876/2020dismissed

Munna Kumar v. The State Of Bihar

2021-02-25Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36876 of 2020 Arising Out of PS. Case No.-383 Year-2019 Thana- PIPRA District- East Champaran ====================================================== Munna Kumar Son of Jai Narayan Sah @ Jag Narayan Sahni Resident of Village - Hathiyahi Chakdeh, P.S.- Piprakothi, District- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 16.01.2020 in connection with Pipra P.S. Case No. 383 of 2019 for the alleged offences under Section 392 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the FIR, which is instituted against 5 unknown persons. It is submitted that the petitioner has not been put on test identification parade for his identification nor recovery of any incriminating articles have been made from his conscious possession. Co-accused Manish Kumar Singh @ Manish Kumar @ Dablu and Jalandhar Prasad having clean antecedents have been granted bail by this Court in Cr. Misc. No. 7849 of 2020. The petitioner has already suffered more than one year in custody since 16.01.2020.

Patna High Court CR. MISC. No.36876 of 2020(3) dt.25-02-2021 2/2

4. Learned APP appears and has been heard.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of bail to the petitioner. The petition stands dismissed.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T