Munna Khan @ Ratnesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23223 of 2015 Arising Out of PS.Case No. -294 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Munna Khan @ Ratnesh Kumar S/o Parmeshwar Rai Resident of village - Mohana, P.S. Lavkauriya, District - West Champaran

2. Parevez @ Vicki S/o Ali Asgar Resident of village - Bhaggirathi, P.S. Kudani, Distt. - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Binod Kumar 3(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-11-2015 Learned counsel for the petitioners seeks permission to withdraw this petition as far as petitioner no. 2 is concerned. This application as against petitioner no. 2 is dismissed as withdrawn.

Heard learned counsel for the petitioner no. 1 and the State.

The petitioner no. 1 seeks bail in a case instituted under Sections 395 and 328 of the Indian Penal Code. Allegation against petitioner no. 1 is that he along with others looted a truck bearing no. BR-06G-7929 on the point of pistol and fled away.

It has been submitted on behalf of the petitioner that he is in custody since 4.2.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. Petitioner is not named in the F.I.R. No incriminating article is said to have been recovered from the

Patna High Court Cr.Misc. No.23223 of 2015 (4) dt.03-11-2015 2 / 2 possession of the petitioner. No T.I.P. was conducted to ascertain implication of this petitioner. Petitioner's name has come merely on the basis of confession of a co-accused. Other co-accused has been granted bail vide Cr. Misc. no. 21124 of 2015. It is further submitted that petitioner may be released after completion of one year in custody from 4.2.2015.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. and he has got as many as six other cases against him of similar nature.

Considering the aforesaid facts and circumstances, let the above named petitioner no. 1 be released after completion of one year in custody from 4.2.2015 on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Sugauli P.S. Case no. 294 of 2014.

(Sudhir Singh, J) sudip/- U T