Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49475 of 2019 Arising Out of PS. Case No.-285 Year-2018 Thana- DEEPNAGAR District- Nalanda ====================================================== Munna Singh S/O Ranjeet Singh @ Ram Babu Singh @ Ramjeet Singh R/O village- Rampur, P.O.- Basuhar, Via- Punpun, PIN Code- 804453, P.S.- Punpun, District- Patna, State- Bihar ... Petitioner

Versus

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

For the Petitioner :

Mr.Shyam Kishore Sinha, Advocate For the Opposite Party :

Mr.Dilip Kumar No. 1, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 379, 461 of the Indian Penal Code.

It is alleged that the miscreants uprooted the Automated Teller Machine (ATM) and took away with them. Petitioner's name has surfaced during investigation in the confessional statement of co-accused Md. Nehal, Md. Danish and Rahul Kumar.

Learned counsel for the petitioner submits that though the FIR is against unknown, the petitioner has been roped in this case on the confessional statement of the aforesaid co-accused. Petitioner has been remanded in this case from other case on 21.1.2019. Save and except his confessional statement, nothing has come against the petitioner to connect him with the occurrence. Similarly situated co-accused Vikky Kumar and Rahul Kumar have already been allowed bail by different benches of this Court vide orders dated 9.7.2019 & 6.5.2019, passed in Cr.Mis.No. 30191/2019 & 29088/2019. Charge sheet

Patna High Court CR. MISC. No.49475 of 2019(3) dt.06-11-2019 2/2 has also been filed in the case, as such, there is no chance of tempering with the evidence.

In view of the aforesaid facts, let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Biharsharif, Nalanda in Deep Nagar Police Station Case No. 285 of 2018, GR No. 3290 of 2018 on 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Shashi U T