Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4223 of 2018 Arising Out of PS.Case No. -393 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Munna Kumar, Son of Sunil Singh @ Sunil Kumar, resident of Hasanpur Bajar, Police Station- Nawkothi, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 31.07.2017 in connection with Begusarai (Town) P.S. Case No. 393 of 2017 for offences punishable under Section 414 of the Indian Penal Code and Section 25 (1-b) a/26/35 of the Arms Act.

The prosecution case, as lodged by the informant, is that on secret information that 3-4 persons have assembled to commit crime, the police apprehended three persons including the petitioner. From the possession of the three accused one motorcycle for which no documents were produced and from the petitioner one country made pistol with one live cartridge was recovered.

Patna High Court Cr.Misc. No.4223 of 2018 (3) dt.19-02-2018 2/2 Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated because of highhandedness of the police. He submits that no overt act has been alleged to have been committed by the petitioner. He submits that charge-sheet has been submitted and the petitioner is languishing in judicial custody since more than six months.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Begusarai (Town) P.S. Case No. 393 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Devendra/- U T