Munna Sah @ Munna Jaishwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3856 of 2022 Arising Out of PS. Case No.-286 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== Munna Sah @ Munna Jaishwal Son Of Late Manager Sah R/O Vill.- Jamunaha Bazar, P.S.- Kateya, Distt.- Gopalganj ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Harendra Prasad For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 Heard learned counsel for the appellant and learned Special P.P for the State. In spite of valid service of notice, none appears on behalf of the informant. The appellant has challenged the order dated 01.09.2022 passed by learned Additional Sessions JudgeIII-cum-Special Judge, SC/ST Act, Gopalganj in connection with Kateya P.S. Case No. 286 of 2020 instituted for the offences punishable under Section 302/34 of the Indian Penal Code, Section 3(2) (V) of the SC/ST Act and 27 of Arms Act whereby his prayer for being released on bail has been rejected.

It is alleged by the informant that two unknown miscreants came on a motorcycle and the pillion rider shot

Patna High Court CR. APP (SJ) No.3856 of 2022(5) dt.20-04-2023 2/3 at the father of the informant, as a result of which, he sustained gunshot injuries and died.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. The appellant is not named in F.I.R. There is no specific over act alleged against the appellant. There is no eye witness to the occurrence. Nothing incriminating has been recovered from the conscious possession of the appellant. During the investigation, the appellant was dragged in the present case mainly on the basis of the confessional statement of co-accused namely Munna Mishra. The appellant is in custody since 07.09.2021. Learned Special P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 01.09.2022 passed by learned Additional Sessions Judge-III-cumSpecial Judge, SC/ST Act, Gopalganj in connection with Kateya P.S. Case No. 286 of 2020.

Accordingly, this appeal is allowed.

Patna High Court CR. APP (SJ) No.3856 of 2022(5) dt.20-04-2023 3/3 The appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIIcum-Special Judge, SC/ST Act, Gopalganj in connection with Kateya P.S. Case No. 286 of 2020.

(Sunil Kumar Panwar, J) Ayush/- U T