Munna Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7321 of 2025 Arising Out of PS. Case No.-94 Year-2024 Thana- DARPA District- East Champaran ====================================================== Munna Singh Son of Late Jagdish Singh Resident of Village - Bakhtaura, P.S. - Darpa, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :
Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-02-2025 Heard Mr. Madhurendra Kumar, learned counsel for the petitioner and Mrs. Shaheen Begum, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Darpa P.S. Case No. 94 of 2024, F.I.R. dated 26.06.2024 for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 307, 354, 379, 504 and 506 of the Indian Penal Code.
3. According to prosecution case, all the accused persons including this petitioner armed with iron rod, farsa and danda have brutally assaulted the informant and other persons who came to rescue the informant.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
2/4 implicated in the present case. He further submits that the present case is the counter blast of Darpa P.S. Case No. 93 of 2024 filed by the petitioner against the informant. He further submits that both the parties are agnate. From perusal of the F.I.R it appears that there is allegation against the petitioner that he has assaulted the informant along with co-accused persons Nagendra Singh and Dhirendra Singh. He further submits that according to the F.I.R the petitioner has assaulted in the hand of the informant. The injury report of the informant suggests that the injury is grievous in nature and the same is on the head of the informant. He further submits that the similarly situated coaccused, namely, Santosh Kumar @ Santosh Singh has been granted anticipatory bail by this Court vide order dated 08.01.2025 passed in Cr. Misc. No. 88757 of 2024.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent, there is case and counter case between the parties and the similarly situated person has been granted anticipatory bail by this Court, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of
3/4 the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Darpa P.S. Case No. 94 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T