Munna Ray @ Mukut Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54109 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== Munna Ray @ Mukut Kumar Son of Shivchandra Ray Resident of VillageKhowajapur Basti, PS-Baligaon, Dist.-Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Baliagaon P.S. Case No. 179 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in short, is that two unknown miscreants boarded on a motorcycle came and on the point of pistol snatched Rs. 3,00,000/- and key of the motorcycle from the informant and fled away.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of
Patna High Court CR. MISC. No.54109 of 2024(2) dt.02-08-2024 2/3 co-accused Md. Rabbani who has already been granted bail vide order dated 02.04.2024 passed in Cr. Misc. No. 22784 of 2024. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted cash. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.04.2024 and has eight criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baliagaon P.S. Case No. 179 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.54109 of 2024(2) dt.02-08-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T