Md. Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1454 of 2018 Arising Out of PS. Case No.-444 Year-2016 Thana- KISHANGANJ District- Kishanganj ====================================================== Md. Munna, S/o Tasir @ Tasirruddin, resident of Village- Purana Kharga Bilatibari, P.S. & District- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Sinha, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 30.08.2017 in connection with Sessions Trial No. 179 of 2017 arising out of Kishanganj P.S. Case No. 444 of 2016 registered for the offence punishable under Sections 307 and 379/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, as lodged by the informant, is that while he went along with co-accused Didar Alam to recover Rs. 8,000/- given to the petitioner, co-accused Didar Alam handed over a pistol to the petitioner and the petitioner fired on the informant, which hit him on the cheek. Thereafter, petitioner along with co-accused Didar Alam took him to the hospital for treatment and on the way petitioner also snatched some money

Patna High Court Cr.Misc. No.1454 of 2018(5) dt.19-02-2018 2/3 from the pocket of the informant.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that it is highly improbable that after injuring the informant, petitioner will take him to the hospital and that case has already been committed. He submits that petitioner undertakes to cooperate in the trial on day to day basis.

However, learned A.P.P. for the State opposes the prayer for bail stating therein that the fire arm injury has been opined medically to be grievous in nature.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Kishanganj in connection with Sessions Trial No. 179 of 2017 arising out of Kishanganj P.S. Case No. 444 of 2016, subject to the conditions that:

(1) Both the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an

Patna High Court Cr.Misc. No.1454 of 2018(5) dt.19-02-2018 3/3 affidavit stating their relationship with the petitioner.

(2) The petitioner will appear before the learned Court below on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T