Patna High CourtCR. MISC./49636/2023bail granted

Muneshwar Prasad v. The State Of Bihar

2023-08-04Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49636 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== Muneshwar Prasad Son Of Late Baldeo Mahto Resident Of Village- Raitar, Ps- Giriak, Distt- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 379, 411, 414, 34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of five cases and the informant alleges that Md. Danish was apprehended with stolen iron rod and disclosed that he along with Prakash Kumar were selling the bars to the petitioner, who fled seeing the police force.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Md. Danish in

Patna High Court CR. MISC. No.49636 of 2023(2) dt.04-08-2023 2/2 police custody, which does not have any evidentiary value. It is next submitted that the police through Md. Danish got him implicated because of his antecedent, when from perusal of the F.I.R. itself, it would manifest that the petitioner deals in business of buying and selling iron bars.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif in connection with Giriak P. S. Case No.135 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T