Monu Sah @ Monu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6576 of 2022 Arising Out of PS. Case No.-344 Year-2021 Thana- AMARPUR District- Banka ====================================================== MONU SAH @ MONU KUMAR SAH Son of Pancha Nand Sah, Resident of Village - Bari Behra, P.S.- Amarpur, Distt.- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Amarpur P.S. Case No. 344 of 2021 registered for offence punishable under sections 147, 149, 323, 341, 307 of the Indian Penal Code.

As per allegation, the accused persons, including the present petitioner was erecting the wall on the land of the informant, Bhikari Sah. When he protested, they badly assaulted him. There is specific allegation against the petitioner that he

Patna High Court CR. MISC. No.6576 of 2022(2) dt.25-05-2022 2/3 assaulted Sumitra Devi, wife of the informant, on her head with khanti.

The learned counsel for the petitioner has submitted that there is land dispute between the parties. Although, the injuries are grievous, but the petitioner is under custody since 25.10.2021 and he is a person of clean antecedent. There is also a counter case. The informant's side has badly assaulted the members of petitioner's side.

Considering the clean antecedent and period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No.344 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance

Patna High Court CR. MISC. No.6576 of 2022(2) dt.25-05-2022 3/3 with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T