Munna Kumar @ Munna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6886 of 2023 Arising Out of PS. Case No.-42 Year-2021 Thana- MAIGRA District- Gaya ====================================================== MUNNA KUMAR @ MUNNA YADAV S/O MOHAN YADAV Resident of village- Harni Tola, Murliganj, P.S.- Maigra, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Kumar For the Opposite Party/s :
Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard the parties.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 341, 323, 324, 307, 427, 435 of the Indian Penal Code and section 27 of Arms Act.
As per the prosecution case, the petitioner alongwith other co-accused persons assaulted the informant's side by means of several weapons due to which they sustained injuries. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There
Patna High Court CR. MISC. No.6886 of 2023(2) dt.13-04-2023 2/2 is a case and counter-case between the parties and both sides have sustained injuries. He further submits that the doctor has found all the injuries to be simple in nature, except one injury sustained by Anant Yadav, which is alleged to have been caused by co-accused Rajendra Yadav. He further submits that similarly situated coaccused persons have been granted bail by a co-ordinate Bench of this Court vide order dated 21.03.2023 passed in Cr. Misc. No.69438 of 2022. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Maigra P.S. Case No.42 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T