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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62076 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- BATH District- Bhagalpur ====================================================== Munna Kumar Yadav @ Munna Yadav Son of Manoj Yadav @ Manoj Khirhari Resident of Ambagoira, P.S.- Shambhuganj, Distt - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bath P.S. Case No. 16 of 2019, registered for the offence punishable under Sections 302 and 201 of the Indian Penal Code and Sections 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case on the basis of confessional statement. The petitioner has no criminal antecedent and he is in custody since 04.05.2019.

Learned A.P.P. appearing for the State submits that from perusal of paragraph no. 87 of case diary, it appears that there are recovery of a golden colour Samsung smartphone

Patna High Court CR. MISC. No.62076 of 2019(3) dt.21-11-2019 2/2 bearing IMEI No. 359593076208470 and 359594076208478 along with JIO SIM bearing no. 7061038971 and from perusal of paragraph no. 112 of the case diary, it appears that the same mobile has been used during course of the occurrence. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, I am not inclined to grant bail to the petitioner.

Accordingly, this application is rejected.

(Arvind Srivastava, J) S.Katyayan/- U T