Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65078 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- MEHSI District- East Champaran ====================================================== Munna Kumar S/O Late Bangali Rai Village- Muza Bangra Ps- Deoriya DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Mehsi P.S. Case No. 115 of 2023 dated 22.04.2023 registered for the offences punishable u/s 392 of the Indian Penal Code.

4. As per the prosecution case, four unknown miscreants sitting in a Swift Dezire car came to the petrol pump of the informant and asked to fill petrol of Rs. 500/- in the car, thereafter two miscreants came out from the car and snatched his mobile phone and took away 254 litres diesel and 250 litres petrol in gallon on the point of pistol.

Patna High Court CR. MISC. No.65078 of 2023(2) dt.13-10-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused, Dheeraj Kumar. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 07.07.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Mehsi P.S. Case No. 115 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T