Munna Paswan @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77352 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- ALIPUR District- Gaya ====================================================== Munna Paswan @ Munna Kumar Son Of Naresh Paswan Resident Of Village- Hamidpur, Police Station- Sakurabad, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Dipak For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the F.I.R has been lodged against unknown accused persons alleging that a dead body of unknown female has been found at the boarder of Jehanabad-Arwal. Upon information to the Police, the F.I.R has been lodged. It has been found that the said deceased female was pregnant.

Patna High Court CR. MISC. No.77352 of 2023(2) dt.06-12-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused person. There is no eye witness to the occurrence. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner is languishing in custody since 10.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 06.09.2023 passed in Cr. Misc. No. 45163 of 2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.77352 of 2023(2) dt.06-12-2023 3/3 Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya in connection with Alipur P.S. Case No. 30 of 2023.

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