Munna Kumar @ Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46293 of 2022 Arising Out of PS. Case No.-206 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== Munna Kumar @ Munna Yadav Sonof Bhupendra Kumar Resident of Village - Chauraha, Ward no.10, P.s.- Shankarpur, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Goutam, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 21.08.2021, in connection with Triveniganj P.S. Case No. 206 of 2021, F.I.R. dated 07.07.2021 registered for the offences punishable under Section 392 of the Indian Penal Code. The F.I.R. of the occurrence of loot is against unknown.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of the self confessional statement of the petitioner which was recorded in Triveniganj P.S. Case No. 246 of 2021.

Patna High Court CR. MISC. No.46293 of 2022(6) dt.23-06-2023 2/3 He further submits that nothing has been recovered from the conscious possesion or the house of the petitioner and till date no test identification parade was conducted by the prosecutiion and except the self confessional statement of the petitioner, no other cogtent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. The petitioner has been falsely implicated in the present case on the ground that his previous criminal history and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 21.08.2021. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries thirteen more cases other than the present one but fairly submits from paragraph-4 of the supplementary affidavit that the petitioner is on bail in five cases.

Considering the facts and circumstances of the case and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Supaul in connection with Triveniganj P.S. Case No. 206 of

Patna High Court CR. MISC. No.46293 of 2022(6) dt.23-06-2023 3/3 2021, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T