Munna Prasad @ Shankar Prasad Patwa @ Shankar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8813 of 2024 Arising Out of PS. Case No.-414 Year-2023 Thana- KOTWALI District- Munger ====================================================== Munna Prasad @ Shankar Prasad Patwa @ Shankar Prasad Son of Dukhan Prasad Patwa R/o Gandhi Chawk, Gulzar Pokhar, P.s. - Kotwali, Distt. - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurabh Kumar, Advocate Mr. Manoj Singh, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-02-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Kotwali P.S. Case No. 414/2023 registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.
3. The allegation against this petitioner is to assault informant and others alongwith co-accused persons/family members by using iron rod, causing head and bodily injuries
Patna High Court CR. MISC. No.8813 of 2024(2) dt.20-02-2024 2/3 having intention to cause their death.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner was falsely implicated with present case, where the maximum allegation appears against him from the narration of F.I.R. is of order giver only, whereas the allegation to assault by using iron rod is available against co-accused Lalan Patwa. It is further submitted that informant is full brother of petitioner where dispute arises out of partition of ancestral property. While concluding the argument, it is submitted that petitioner found involved in one more criminal case, where he is on bail.
5. Learned APP opposes the prayer of bail.
6. Considering the aforesaid facts and circumstances as maximum allegation available against this petitioner is of order giver, where the specific allegation to assault is available against co-accused Lalan Patwa, coupled with the fact that petitioner is a man of clean antecedent, accordingly, the above named petitioner, in the event of his arrest or surrender before learned trial court within a period of four weeks, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.8813 of 2024(2) dt.20-02-2024 3/3 Munger/concerned Court, where the case is pending in connection with Kotwali P.S. Case No. 414 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) archana/- U T