Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60635 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- DEV District- Aurangabad ====================================================== MUNNA KUMAR S/O SRI RAMSINGHASAN SAO R/O VILLAGESONI, P.S- DAUDNAGAR, DISTT.- AURANGABAD. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP For the Informant :
Mr. Manoranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201, 120B of the Indian Penal Code.
3. The allegation against the petitioner along with others is of killing the husband of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old
Patna High Court CR. MISC. No.60635 of 2023(2) dt.14-09-2023 2/3 dispute. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light on the basis of confessional statement of co-accused Rajkali (Second wife of the deceased), which has got no evidentiary value in the eyes of law. There is no eye-witness of the alleged occurrence and during course of investigation, no cogent evidence has come against the petitioner to show his involvement in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 11.05.2023 passed in Cr. Misc. No. 48040 of 2022. Petitioner has got no criminal antecedent as stated in para3 of the bail petition. He is languishing in judicial custody since 22.06.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.60635 of 2023(2) dt.14-09-2023 3/3 satisfaction of the learned Court below in connection with Dev P.S. Case No. 86 of 2022.
(Sunil Kumar Panwar, J) arish/- U