Patna High CourtCR. MISC./8376/2018allowed

Munna Singh v. The State Of Bihar

2018-02-17Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.8376 of 2018 (2) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8376 of 2018 Arising Out of PS.Case No. -435 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Munna Singh S/o Sri Singh, R/o village- Betauna, P.S.- Patahi, DistrictEast Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-02-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Ghorasahan Police Station Case No. 435 of 2017, disclosing offences under Sections 399, 402/34 of the Indian Penal Code and Section 25(1-B)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has been made accused in this case merely on the basis of confessional statement of the co-accused Chhotu @ Prince @ Abhumanyu Singh. Except confession of the co-accused, no cogent material has come against the petitioner during course of investigation nor anything has been recovered from the possession of the petitioner. Hence, the petitioner deserves the privilege of

Patna High Court Cr.Misc. No.8376 of 2018 (2) dt.17-02-2018 anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikarahana at Dhaka, East Champaran in connection with Ghorasahan Police Station Case No. 435 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T