Munchun Kumar Yadav @ Munchun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21125 of 2016 Arising Out of PS.Case No. -180 Year- 2015 Thana -MANJHI District- SARAN ======================================================

1. Munchun Kumar Yadav @ Munchun Yadav S/o Shivjee Yadav, Resident of village- Manjhi, Miyanpatti, P.S.- Manjhi, District- Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narendra Kumar For the Opposite Party/s : Mr. R.B.Ray Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Manjhi P.S. Case No. 180 of 2015 registered under Sections 302 and 201/34 of the Indian Penal Code.

It is contended that there is no truth behind the allegation made in the FIR. The FIR has been instituted merely on hypothetical presumption and wild suspicion. It is further submitted that the co-accused Shivjee Yadav, having identical allegation to that of the petitioner, has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 29.02.2016 passed in Cr.Misc. No. 57178 of 2015. Learned counsel for the State has opposed the

Patna High Court Cr.Misc. No.21125 of 2016 (2) dt.24-05-2016 2/2 application preferred under Section 438 of the Code of Criminal Procedure. He has submitted that the offence alleged is quite serious and the investigation is going on. However, he concedes that the co-accused Shivji Yadav having identical allegation has been granted anticipatory bail by a Bench of this Court. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner Munchun Kumar Yadav @ Munchun Yadav is directed to be released 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 the learned Additional Chief Judicial Magistrate-cum-Sub Judge-V, Saran at Chapra in connection with Manjhi P.S. Case No. 180 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T