Monu @ Bablu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68481 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Monu @ Bablu, S/O Sudhir Prasad, R/O Village- Uparauhuli, P.S- Paraiya, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar, Advocate For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-02-2025 Heard Mr. Nalin Kumar, learned counsel for the petitioner and Mr. Nand Kishore Prasad, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Muffasil P.S. Case No. 142 of 2024 instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that the grandfather of Sonu lives with his family and Sonu drives a toto/e-rickshaw for his livelihood. On 14.02.2024 at about 7 pm, he went from house and told that he will return late in night as he has to drop one dancer. He received a call on his mobile No. 9241871292, after this call, he went from the house and when Mukesh called

Patna High Court CR. MISC. No.68481 of 2024(4) dt.21-02-2025 2/3 Sonu as to when he come, he replied that it will take one more hour. Sonu did not return till night after that the informant along with his family members started searching. At about 10 am, he came to know that behind Bhusunda green field one dead body was found which has been taken by the police to medical college. When the informant reached medical college, he found that the dead body was of his grandson Sonu.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He is not named in the F.I.R. His name has surfaced only on the basis of confessional statement of co-accused Vikash Kumar. Except the confessional statement of co-accused, no any legal evidence has been found agaisnt the petitioner. Similarly situated co-accused, namely, Pawan Kumar has already been granted regular bail by this Court vide order dated 21.01.2025 in Cr. Misc. No. 73307 of 2024.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner

Patna High Court CR. MISC. No.68481 of 2024(4) dt.21-02-2025 3/3 is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Muffasil P.S. Case No.142 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T