Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48052 of 2019 Arising Out of PS. Case No.-105 Year-2017 Thana- HALSI District- Lakhisarai ====================================================== Munna Kumar, Son of Sri Arjun Mahto, Resident of Village - Kurhadih, P.S.- Sikandra, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Mahto For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code. Subsequently, Sections 364/34 of the IPC was also added.

The prosecution case as per the written report of Ravindra Kumar submitted to the Station House Officer of Halsi Police Station is to the effect that from 03.11.2017 at 8.00 P.M. the brother of the informant namely, Mahendra Kumar went missing along with Hero Honda motorcycle bearing Registration No. BR-53A-2650. The name of the petitioner sprang up on the confessional statement of co-accused Gorelal Mahto.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.48052 of 2019(2) dt.01-08-2019 2/3 that Gorelal Mahto was a charge sheeted accused in Sikandra P.S. Case No. 159 of 2015 registered under Sections 302/34 of the Indian Penal Code in which the petitioner was a witness, as a result, his name has been sprang up and similarly situated coaccused Chandra Shekhar Sao, whose name also sprang up on the confession of Gorelal Mahto, has been granted anticipatory bail vide Cr. Misc. No. 9897 of 2018 by a Co-ordinate Bench of this Court.

Learned APP submits that the name of the sprang up on the confession of co-accused Gorelal Mahto. Considering the fact that name of the petitioner sprang up on the confessional statement of Gorelal Mahto, though, the petitioner is accused in one another case namely, Sikandra P.S. Case No. 169 of 2017 in which the name of the petitioner was also sprang up on the confessional statement of said Gorelal Mahto in which the petitioner is on bail, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Lakhisarai in connection with Halsi P.S. Case

Patna High Court CR. MISC. No.48052 of 2019(2) dt.01-08-2019 3/3 No. 105 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T