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Patna High CourtCR. MISC./82113/2023allowed

Md. Munna v. The State Of Bihar

2024-01-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82113 of 2023 Arising Out of PS. Case No.-278 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Md. Munna S/o- Late Md. Salamat, Resident of Village- Jorgama W.No-10, P.S.- Murliganj Dist- Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Murliganj P.S. Case No.278 of 2023, registered for the offences punishable under Sections 382/411/34 of the Indian Penal Code.

3. As per the prosecution case, three thieves after committing theft of Motor, electric wire, valuable vessels and a cash of Rs.20,000/- from the house of informant attempted to flee away and one of the thieves caught hold by the informant. It is alleged that a co-villager Anil Jha was assaulted with dagger causing injury at his leg in catching thief.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to the criminal antecedent of two cases in which he is

Patna High Court CR. MISC. No.82113 of 2023(2) dt.11-01-2024 2/2 on bail. He further submits that nothing alleged stolen articles have been recovered from the conscious possession of the petitioner as claimed by the informant and the allegation of injury to Anil Jha is not corroborated as there is no injury report found during the investigation. He also submits that petitioner is in custody since 13.07.2023 and the charge sheet has already been submitted in this case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Madhepura in connection with Murliganj P.S. Case No.278 of 2023.

(Sunil Dutta Mishra, J) Ritik/- U T