Md. Mallu @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33611 of 2020 Arising Out of PS. Case No.-99 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== 1.

MD. MALLU @ MUNNA Son of Md. Islam 2.

Md. Kale Son of Md. Abdul Majeed 3.

Md. Geer @ Md. Alamgir Son of - Md. Abdul Majeed 4.

Md. Islam Son of - Md. Majjid All are resident of Village- Gidha- Phulwariya, P.S.- Mahindwara, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-01-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant. The petitioners apprehend their arrest in connection with Mahindwara P.S. Case No. 99 of 2019 registered for the offences punishable under Sections 147/148/149/323/341/324/ 307/ 379/504/506 of the Indian Penal Code.

As per the prosecution case, petitioner No. 1 is alleged to have stabbed the son of the informant with dagger on account of which his intestine came out of stomach and petitioner No. 2 is alleged to have given knife blow to the informant causing injury

Patna High Court CR. MISC. No.33611 of 2020(4) dt.19-01-2021 2/3 on his neck. So far as petitioner No. 3 is concerned, he is alleged to have snatched golden chain and petitioner No. 4 is alleged to have taken out five thousand rupees from the pocket of the informant.

It is submitted on behalf of the petitioners that they have been falsely implicated in this case and there is admittedly land dispute between the parties. It is further submitted that there is case and counter case between them.

Learned counsel appearing on behalf of the informant vehemently opposed the bail application of these petitioners and submitted that specific allegation of causing grievous injury is against petitioner No. 1 and petitioner No. 2. Considering the aforementioned facts and circumstances, the bail of application of petitioner No. 1 (Md. Mallu@Munna) and petitioner No. 2 (Md. Kale) is rejected.

However, petitioner No. 3 (Md. Geer @ Md. Alamgir) and petitioner No. 4 (Md. Islam) are concerned, their prayer for bail is allowed, let the petitioners No. 3 and 4 (above named) be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.33611 of 2020(4) dt.19-01-2021 3/3 Chief Judicial Magistrate, Sitamarhi in connection with Mahindwara P.S. Case No. 99/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Prabhat Kumar Singh, J) Saif/- U T