Patna High CourtCR. MISC./19712/2024bail granted

Mannu Sah @ Mannu Kumar v. The State Of Bihar

2024-03-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19712 of 2024 Arising Out of PS. Case No.-724 Year-2023 Thana- BAGHA District- West Champaran ====================================================== Mannu Sah @ Mannu Kumar S/o- Late Ramji Sah Village- Narainpur Ghat, Police Station- Bagaha Pathkhauli, District -West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1, Adv.

For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bagaha (Pathakhauli) P.S. Case No. 724 of 2023 instituted for the offences under Section 302/34 of the Indian Penal Code.

3. As per prosecution case, there is an allegation against the petitioner of assaulting with fist (Punch) to the deceased and during treatment, he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case on the basis of concocted story. He further submits that there is no specific and direction allegation of assault against the

Patna High Court CR. MISC. No.19712 of 2024(2) dt.18-03-2024 2/2 petitioner rather the direct allegation of assault by means of Lathi is on co-accused Munna Sahani. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 26.10.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that there is a direct allegation against the petitioner of assault with Punch to the deceased.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bagaha (Pathakhauli) P.S. Case No. 724 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T