Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3756 of 2021 Arising Out of PS. Case No.-42 Year-2018 Thana- DESARI District- Vaishali ====================================================== MUNNA KUMAR SON OF ANANDI SINGH RESIDENT OF VILLAGE - ADALPUR, POLICE STATION - SADAR HAJIPUR, DISTRICT - VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in Desari (Sahdei O.P.) P.S. Case No. 42 of 2018 registered under Sections 302, 201 and 34 of the Indian Penal Code.

Allegedly, the informant's brother-in-law went out from his house to the market but he did not return. Later on, his dead body was found lying below a bridge.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.3756 of 2021(2) dt.29-11-2021 2/3 petitioner has been falsely implicated in the present case. As per prosecution case, it is a case of last seen. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned learned A.C.M.-XV, Vaishali at Hajipur in connection with Desari (Sahdei O.P.) P.S. Case No. 42 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T

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