Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4113 of 2016 Arising Out of PS.Case No. -170 Year- 2015 Thana -SINGHESHWARASHTHAN DistrictMADHEPURA ====================================================== Munna Kumar S/o Bhupendra Yadav Resident of village - Chouraha, P.S. Shankarpur, District - Madhepura .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-03-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.
The petitioner seeks bail in connection with Singheshwar P.S. Case No. 170 of 2015 registered for the offences punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.
First Information Report is against three unknown criminals. It is submitted that the petitioner is in custody since 14.11.2015 but he has not been put on T.I.P, nothing has been recovered from his conscious possession and his name transpired in the confessional statement of co-accused namely, Prabhash Kumar Yadav and besides that there is no other
Patna High Court Cr.Misc. No.4113 of 2016 (3) dt.28-03-2016 2/2 material against the petitioner, to which the learned APP seriously opposes by submitting that the petitioner has also been identified by the witness Bhusheshwar Mandal vide para 8 of the case diary and further, after completion of the investigation, charge-sheet has been submitted under Sections 392, 302 of the Indian Panel Code and Section 27 of the Arms Act. In the facts and circumstances stated above, considering that the petitioner has been identified by the witnesses during investigation at the time of committing murder and as such, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Singheshwar P.S. Case No. 170 of 2015, pending in the court of learned Chief Judicial Magistrate, Madhepura.
(Jitendra Mohan Sharma, J.) ajaypd./- U T