Patna High CourtCR. MISC./38046/2017allowed

Himanshu Kumar @ Munnu Kumar Singh And ANR v. The State Of Bihar

2017-08-10Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38046 of 2017 Arising Out of PS.Case No. -14 Year- 2016 Thana -BOCHHA District- MUZAFFARPUR ======================================================

1. Himanshu Kumar @ Munnu Kumar Singh, son of Arbind Kumar Singh, resident of village Patani, P.S. Ramgarhwa, District East Champaran.

2. Monu Kumar @ Tullu Kumar, son of Subodh Kumar Singh, resident of village Bhadai, P.S. Hathauri, Disrict Muzaffarpur. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mrs. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Bochaha P.S. Case No.14 of 2016 registered under Section 394 of the Indian Penal Code.

As per the prosecution case, four motorcycle borne criminals are said to have looted cash and mobile of the informant and his friend on the point of pistol.

It is submitted by learned counsel for the petitioners that the petitioners are neither named in the F.I.R. nor they were apprehended on the spot. Nothing incriminating article has been recovered from their conscious physical possession. There is nothing in the case diary indicating the complicity of the

Patna High Court Cr.Misc. No.38046 of 2017 (02) dt.10-08-2017 2/2 petitioners in the occurrence barring the confessional statement of one co-accused, Murari Kumar, which has no evidentiary value in the eye of law. Though there are several criminal cases pending against the petitioners but they are on bail in all cases barring one case. The petitioners have been languishing in custody since 29.03.2017.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-cum-Sub Judge-XI, Muzaffarpur in connection with Bochaha P.S. Case No.14 of 2016.

(Prakash Chandra Jaiswal, J) Trivedi/- U T