Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14076 of 2020 Arising Out of PS. Case No.-879 Year-2019 Thana- MASAUDHI District- Patna ====================================================== MUNNA KUMAR S/o Nanhak Pd. Resident of Islampur, P.S.- Masaurhi, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tilak Sao, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2021 Heard the learned counsel for the petitioner and Shri Amitesh Kumar, the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Masaurhi P.S. Case No. 879 of 2019 for the offence registered under Sections 341, 323, 325, 379, 354, 504, 506/34 of the Indian Penal Code.

The allegation is regarding the accused persons having assaulted the informant and others and as far as the petitioner is concerned, he is alleged to have given an iron rod blow on the neck of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has submitted that there is no injury

Patna High Court CR. MISC. No.14076 of 2020(4) dt.04-01-2021 2/3 report on record of the case to suggest the complicity of the petitioner in the alleged occurrence.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel for the parties and taking into account the materials available on record as also those available in the case diary, I find that there is no injury report on record of the case to suggest the complicity of the petitioner in the alleged occurrence, hence benefit of doubt can be granted to the petitioner herein, thus I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail, however, subject to certain conditions. Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Masaurhi (Patna) in connection with Masaurhi P.S. Case No. 879 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.14076 of 2020(4) dt.04-01-2021 3/3 It is needless to state that the petitioner would mark his attendance before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith. (Mohit Kumar Shah, J) S.Sb/- U T