Sunil Kumar @Sunil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7134 of 2024 Arising Out of PS. Case No.-622 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Sunil Kumar @Sunil Mahto SON OF SUBODH RAY @ SUBODH MATHO RESIDENT OF VILLAGE- SIKANDARPUR, WARD NO. 12, PS- TOWN, DISTT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Town P.S. Case No.622 of 2023 lodged under Sections 341, 323, 307, 354, 379, 504 and 34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against four named accused persons including the petitioner against whom allegation of assault has been made against the present petitioner by the iron rod on the head of the brother of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the situation under which the scuffling took place, is already

Patna High Court CR. MISC. No.7134 of 2024(3) dt.09-04-2024 2/2 mentioned in the F.I.R. and the spur of hit moment, he attacked.

5. Counsel further submits that case diary has been called for and it has come that the injury is grievous in nature. He submits that the occurrence took place at the spur of the moment.

6. Counsel further submits that the petitioner is in custody since 11.10.2023 having clean antecedent.

7. Learned counsel for the State opposes the prayer for bail and submits that there is direct allegation against the petitioner that he has assaulted the brother of the informant.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Town P.S. Case No.622 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T