Munna Singh @ Munna Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78436 of 2018 Arising Out of PS. Case No.-214 Year-2018 Thana- GAIGHAT District- Muzaffarpur ====================================================== Munna Singh @ Munna Kumar Singh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Gaighat P.S. Case No. 214 of 2018 registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-b), 26 and 35 of the Arms Act.

Allegation against petitioner is of planning to commit dacoity along with FIR named accused and one loaded country made pistol with one live cartridge was recovered from his possession.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted on behalf of the petitioner that petitioner was neither apprehended at the spot nor any incriminating material has been recovered from his possession. Petitioner is in custody since 01.07.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.78436 of 2018(2) dt.07-01-2019 2/2 the case as well as criminal antecedent of the petitioner, let the petitioner named above be released on bail after completing nine months of Jail custody, upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -15, Muzaffarpur, in connection with Gaighat P.S. Case No. 214 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U