MUNNA PRASAD vs STATE OF BIHAR — Crl.A. No. 206/2005
Case under Section II-A. Status: DISPOSED.
CNR: SCIN010203612004
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
Petitioner(s)
MUNNA PRASAD
Adv. S.K. SINHA (Dead / Retired / Elevated)
Respondent(s)
STATE OF BIHAR
Adv. GOPAL SINGH
Orders
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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