Munna Kumar @ Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47614 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== MUNNA KUMAR @ MUNNA KUMAR S/o Sahdev Kumar R/o VillageBishauaa, P.S.- Teghra, Distt.- Begusarai .. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha For the Opposite Party/s :
Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 364, 34 of the Indian Penal Code and later on charge sheet has been submitted u/s 364, 302, 34 of the IPC.
As per prosecution case, informant alleged that the petitioner along with other co-accused persons, who were variously armed, came and abducted two sons of the informant. Later on, one of the sons of the informant returned after he was let out by the petitioner and other co-accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Both parties are next door neighbour and there is a land dispute going
Patna High Court CR. MISC. No.47614 of 2022(4) dt.13-03-2023 2/3 on between them due to which he has falsely been implicated in this present case. It is further submitted that the statement of the victim (Chhotu Rai) was recorded under Section 161 of the Cr.P.C. which is mentioned in Para 17 of the case diary, wherein, he did not whisper any complicity of the petitioner. Except suspicion, nothing has come against the petitioner during investigation. A statement has been made in para 3 of this petition that the petitioner has got no criminal antecedent. Moreover, similarly situated other co-accused person has already been granted bail by the different coordinate Bench of this Court vide order dated 08.02.2023 in Cr. Misc. No. 44225 of 2022. The petitioner is languishing in judicial custody since 23.04.2022.
Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Teghra P.S. Case No. 94 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.47614 of 2022(4) dt.13-03-2023 3/3 each to the satisfaction of learned C.J.M. Begusarai. (Sunil Kumar Panwar, J) Manish/ U T