MUNNA PRASAD vs STATE OF BIHAR — Crl.A. No. 206/2005

Case under Section II-A. Status: DISPOSED.

CNR: SCIN010203612004

DISPOSED

Filing Date

16-Sep-2004

Registration No

Crl.A. No. 206/2005

Diary Number

20361/2004

Order Date

13-Dec-2006

Document Type

ROP - of Main Case

Disposal Type

Allowed

Data as of 29-Jun-2026

Acts & Sections

Section II-A

Petitioner(s)

MUNNA PRASAD

Adv. S.K. SINHA (Dead / Retired / Elevated)

Respondent(s)

STATE OF BIHAR

Adv. GOPAL SINGH

Orders

View Full Judgment
casestatus.in Summary

Case Summary: Munna Prasad v. State of Bihar Hearing Date: 13 December 2006 Outcome: The Supreme Court allowed Criminal Appeal No. 206/2005 (Munna Prasad) and dismissed Criminal Appeal No. 762/2005 (Bhukhal Koery). Munna Prasad's conviction under Section 302/149 IPC was set aside and he was ordered released, while Bhukhal Koery's conviction was upheld. Key Reasoning: The Court found reasonable doubt regarding Munna Prasad's identification by the sole eyewitness (PW-1) from 40 yards away in darkness without artificial light at 6:30 p.m. Although PW-1 had named 11 accused who entered her house, she did not name Munna Prasad specifically. The Court held that absent credible identification evidence, Munna Prasad was entitled to benefit of doubt. However, Bhukhal Koery, who was identified as an armed mob participant actively pursuing the deceased into the house, remained liable under Section 149 IPC as an unlawful assembly participant. This case analysis is maintained by casestatus.in based on publicly available court records.

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