Munna Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67825 of 2022 Arising Out of PS. Case No.-254 Year-2020 Thana- AMARPUR District- Banka ====================================================== Munna Das S/o Mahendra Das R/v- Kusumkhar, P.S.- Amarpur, DistrictBanka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 10.08.2021 in connection with Amarpur P.S. Case No. 254 of 2020, F.I.R. dated 20.05.2020 for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to prosecution case, the petitioner along with other accused persons murdered the husband of the informant.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.67825 of 2022(3) dt.01-05-2023 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the from perusal of the F.I.R. it transpire that the occurrence took place on 04.10.2019 but the present F.I.R. is instituted on 20.05.2020 on the basis of suspicion. He further submits that except suspicion, no cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that in fact, the informant is not the eye witness of the alleged occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 10.08.2021.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of 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 Amarpur P.S. Case No. 254 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date

Patna High Court CR. MISC. No.67825 of 2022(3) dt.01-05-2023 3/3 fixed by the court and shall remain physically present as directed 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. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T