Patna High CourtCR. MISC./53810/2017bail granted

Munna Kunwar @ Sanjiv Kunwar v. The State Of Bihar

2017-12-08Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53810 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Munna Kunwar @ Sanjiv Kunwar, s/o Sri Dinesh Kunwar @ Dinesh Singh Resident of Village- Pirpainti, P.S.- Pirpainti, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Vinay Pd. Singh @ Sanjay For the Informant : Mr. Pushpendra Kr. Sinha Ms. Divya Bharti For the State : Mr. R.P. Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Pirpainti P.S. Case No. 14/2017 dated 15.01.2017 instituted for the offences under Section 396 of the Indian Penal Code read with Section 27 of the Arms Act.

The driver of a vehicle was killed and everything on the vehicle was looted. The F.I.R. has been registered by the cleaner of the aforesaid vehicle. The petitioner, in the present case, has been named on the statement of one Nakul Pahadiya who has disclosed that the petitioner is one of the associates of the accused persons. Another co-accused, Manoj Pahariya has stated that the petitioner was also present at the place of occurrence. Learned counsel for the petitioner has submitted that the

Patna High Court Cr.Misc. No.53810 of 2017 (4) dt.08-12-2017 2/2 petitioner is handicapped by 45%. In support of the aforesaid statement, the petitioner has annexed the handicapped certificate of the Medical Officer In-charge of the referral hospital, Pirpainti, Bhagalpur.

The petitioner is in custody since 10.06.2017. Earlier the petitioner was made accused in a case of similar nature, in which he is on bail.

Regard being had to the fact that the petitioner is physically challenged and is in custody since 10.06.2017, this Court is inclined to grant bail to him.

The petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Pirpainti P.S. Case No. 14/2017.

(Ashutosh Kumar, J.) Rakhi U T