Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51946 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Munna Kumar Son Of Gajendra Prasad Resident Of Village- Agarwa, PsJitna (Ghorasahan), Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar Barnwal For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 120B of the Indian Penal Code.

3. As per prosecution case, the son of the informant namely, Sujeet Kumar is alleged to have been committed murder by unknown miscreant and was hanged on a mango tree. After seeing mobile of the deceased, he was continuously talking to two mobile numbers. Thereafter, it is alleged that the owner of the mobile nos. might killed the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.51946 of 2023(3) dt.19-09-2023 2/2 petitioner is not named in the FIR rather one co-accused Tuntun Kumar confessed his guilt and disclosed the name of the petitioner in Ghorasahan P.S. Case No. 68 of 2023. On the basis of same, the petitioner has falsely been made an accused. It is evident from paragraph no.-29 of the case diary that the two mobile numbers mentioned in the written application of the informant, do not belong to the petitioner. Moreover, the petitioner is languishing in judicial custody since 1.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ghorasahan P.S. Case No. 116 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 3rd, Sikrahana, Dhaka, East Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T