Pankaj Kumar Muni @ Pankaj Muni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48178 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== PANKAJ KUMAR MUNI @ PANKAJ MUNI S/o Sri Wakil Muni R/o village- Chirori, P.S.- Chausa, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-03-2023 Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

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

Petitioner seeks regular bail in connection with Chausa P.S. Case No.2 of 2022 registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution, the informant's son namely Makarhawaj Singh was shot dead by some unknown miscreants on the alleged date and time.

The main submissions advanced by the learned counsel for the petitioner are that the FIR was registered against unknown persons, though the petitioner has criminal

Patna High Court CR. MISC. No.48178 of 2022(4) dt.15-03-2023 2/2 antecedents of several cases but in the present matter he was made accused on the basis of his confessional statement which has no evidentiary value and after his arrest the police failed to recover any incriminating material showing the petitioner's involvement in the alleged crime and against him the investigation has been completed and during investigation all the witnesses examined did not claim to have seen this petitioner committing the alleged murder and the deceased himself had a long criminal history.

Learned APP appearing for the State has opposed the bail prayer but fairly accepted that against the petitioner there is no material except his confessional statement and against him the investigation has been completed.

In view of the facts, as stated above, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner 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 concerned Court in connection with Chausa P.S. Case No.2 of 2022.

(Shailendra Singh, J) sangam/- U T