Munna Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55732 of 2025 Arising Out of PS. Case No.-7 Year-2015 Thana- CHANDAN District- Banka ====================================================== Munna Hembram S/o Ganesh Hembram R/o vill - Narganjo, P.s.- Jhajha, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Chandan (Anandpur) P.S. Case No. 7 of 2015 dated 18.01.2015 instituted for the offence punishable under Sections 395, 364 of the Indian Penal Code.

3. The prosecution case, in short, is that on the alleged date of occurrence, the informant and his family members were taking dinner. In the meantime, 10-15 unknown miscreants broke into the house of the informant and committed dacoity. It is further alleged that during the commission of dacoity, the miscreants took away cash of Rs. 25,000/-, several mobile phones and silver as well as gold ornaments from the house of the informant and also kidnapped the son of the informant,

2/4 namely, Deepak Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that F.I.R. has been lodged against 10-15 unknown persons. The petitioner has been made accused in this case only on the basis of confessional statement of co-accused Monu Barnwal, who has been granted bail vide order dated 12.10.2018 passed by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 34408 of 2022. Learned counsel for the petitioner further submits that several other accused persons have been granted bail by different co-ordinate Benches of this Court vide Annexure-2 series. No incriminating articles have been recovered from the possession of the petitioner. No T.I.P. has been conducted. Lastly, it has been submitted that the petitioner is in custody since 13.03.2025 having three criminal cases against him. Charge-sheet has been submitted in the case.

5. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of

3/4 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Chandan (Anandpur) P.S. Case No. 7 of 2015, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

4/4

5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in this case.

(Khatim Reza, J) premchand/- U T