Munna Miyan @ Munna Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55705 of 2021 Arising Out of PS. Case No.-273 Year-2019 Thana- EKMA District- Saran ====================================================== MUNNA MIYAN @ MUNNA ANSARI Son of Late Suleman Miyan @ Suleman Ansari Resident of Village- Ekma, P.S.- Ekma, District- Saran (Chapra).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in connection with Ekma P.S. Case No. 273 of 2019 for the offence registered under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.
The case of the prosecution in brief is that while the informant and his cousin brother Pramod Kumar Singh were returning on a passenger vehicle after withdrawing money from the State Bank of India, their vehicle was intercepted by the accused persons namely, Makeshwar Singh, Pinku Singh, Tej Pratap Singh and Bhanu Pratap Singh whereafter the co-accused person namely Pinku Singh is stated to have snatched the money bag from the cousin brother of the informant and then coaccused person namely Bhanu Pratap Singh had fired gun shots on the chest of the brother of the informant resulting in his subsequent death.
The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.55705 of 2021(4) dt.22-08-2022 2/2 that the petitioner is innocent and has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that the petitioner is not named in the FIR and his name has transpired in this case during the course of investigation in the confessional statement of co-accused, Aditya Kumar Yadav and there is no allegation against him either snatching the money bag from the cousin brother of the informant or having fired gun shots on the chest of the cousin brother of the informant.
Learned counsel appearing for the State opposes the prayer for anticipatory bail.
Considering the facts of the case and nature of accusation against the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial MagistrateI, Saran, Chapra in connection with Ekma PS case No.273/ 2019, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T