Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38952 of 2015 Arising Out of PS.Case No. -204 Year- 2014 Thana -LAXMIPUR District- JAMUI ======================================================

1. Munna Kumar S/o Suresh Yadav R/o Village Karahara, P.S. Jhajha, District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amar Prakash For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-09-2015 Heard Sri. Amar Prakash, learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Laxmipur P.S. Case No. 204 of 2014 registered for the offences punishable under Section 392 of the Indian Penal Code. The prosecution case as alleged in the F.I.R., that the informant is an employee of Shakti Trading Company, Jamui. On 5.11.2014 he along with other staff, Sri. Sanjay was going to deposit a huge amount of Rs. 2,45,133/- in State Bank, Jhajha but there was link failure in the Bank and with the money he was returning from Jhajha and when they reached near Gidhor bridge at about 4.15 P.M., four unknown persons came there by blue colour 'Discover' motorcycle and 'Mahendra' motorcycle, both motorcycles are new and without number-plates, and on pistol

Patna High Court Cr.Misc. No.38952 of 2015 (2) dt.23-09-2015 2/2 point they looted away the amount of Rs. 2,45,133/- which was kept in dikki of the informant's motorcycle.

It has been submitted by the learned counsel for the petitioner that petitioner is innocent and has been falsely dragged in this case on the confessional statement of one co-accused Manoj Kumar Yadav who was arrested by the Jhajha police. It has further been submitted that the petitioner is not named in the F.I.R. and no incriminating articles have been recovered from his possession and the confessional statement of co-accused has no evidentiary value in the eye of law.

Under such circumstances, let the petitioner, namely, Munna Kumar in the event of his arrest or surrender within a period of four weeks from today before the learned court below, be released 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 Sub-divisional Judicial Magistrate, Jamui in connection with Laxmipur P.S. Case No. 204 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Nilu Agrawal, J) sushma/- U