Suraj Kumar @ Mungeri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79858 of 2023 Arising Out of PS. Case No.-81 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Suraj Kumar @ Mungeri Son Of Ganga Mahto Resident Of Village- Khawa Chandra Tola, Ps- Mednichowki, Dist- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of Arms Act.
3. As per prosecution case, the informant received secret information that some of the miscreants are about to commit some occurrence. On the basis of said information, the informant along with other police officials reached the pointed place and seeing the police party, the miscreants started fleeing but police caught the miscreants. On search, some country made pistol along with live cartridges has been
Patna High Court CR. MISC. No.79858 of 2023(2) dt.11-12-2023 2/3 recovered from their possession.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not apprehended on spot and also no any recovery has been made from his conscious possession. On the basis of disclosure made by apprehended co-accused persons, the name of the petitioner has come in this case. Similarly situated other co-accused persons have already been granted bail by another co-ordinate Bench of this Court vide order dated 14.06.2022 in Cr. Misc. No. 21671 of 2022. Moreover, the petitioner is languishing in judicial custody since 02.08.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Piribazar P.S. Case No. 81 of 2021/81A of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.79858 of 2023(2) dt.11-12-2023 3/3 amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Lakhisarai.
(Sunil Kumar Panwar, J) Shubham/- U T