Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74426 of 2023 Arising Out of PS. Case No.-141 Year-2022 Thana- KINJAR District- Jehanabad ====================================================== Munna Kumar, Son Of Rajesh Kr. @ Rajesh Paswan, Village- Azad Nagar PsKinjar Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv along with Mr. Ashok Kumar, Adv.

For the State :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of killing the husband of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Jitan Ram, which has got no evidentiary value in the eyes of law. Except suspicion, there

Patna High Court CR. MISC. No.74426 of 2023(3) dt.22-01-2024 2/2 is no specific overt act against the petitioner and no consistent evidence has come against him to show his complicity in the present case. Nothing incriminating articles have been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 31.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Arwal/concerned Court in connection with Kinjer P.S. Case No. 141 of 2022. (Sunil Kumar Panwar, J) Arish/- U T