Munna Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9392 of 2023 Arising Out of PS. Case No.-269 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== Munna Thakur S/O Late Ramnarayan Thakur R/O Village- Sarotar, P.S.- Dumariyaghat, Distt- East Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 143, 341, 323, 324, 354, 354(B), 307, 447, 379, 504 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner along with other co-accused persons, variously armed, came at the house of informant and started abusing and assaulting the informant. When the son of

Patna High Court CR. MISC. No.9392 of 2023(2) dt.18-04-2023 2/3 informant came to his rescue, he was also assaulted by petitioner, by means of sharp cut object, due to which he sustained injury on his hand. It is further alleged that co-accused Avinash Kumar, Chitranjan Kumar and Roushan Kumar snatched chain worth Rs. 60,000/- and bangle Worth Rs. 20,000/- from the informant. Thereafter, they entered the house of informant and took away ornaments worth Rs. 1,00,000/-.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Both parties are neighbors and there is inimical terms between them. There is land dispute between them. There is no repetition of blow. From perusal of the injury report, it appears that injury sustained by the injured Kundan Kumar is simple in nature, as opined by the doctor. Moreover, the petitioner is languishing in judicial custody since 21.12.2022.

Learned APP appearing for the State has

Patna High Court CR. MISC. No.9392 of 2023(2) dt.18-04-2023 3/3 vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with B.P. No. 35 of 2023, arising out of Dumariyaghat P.S. Case No. 269 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari.

(Sunil Kumar Panwar, J) nirajkrs/- U T