Munna Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14893 of 2020 Arising Out of PS. Case No.-431 Year-2019 Thana- SIRDALA District- Nawada ====================================================== Munna Prasad S/o Late Bhola Prasad R/o village- Merhkuri, P.S.- Meskour (Sirdalla), District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, A ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner who is in custody since 16.1.2020 has filed the instant application for grant of regular bail in connection with Sirdala P.S. Case no. 431 of 2019 registered under sections 341, 323, 504, 506, 308 and 34 of the Indian Penal Code.

As per allegation in the FIR, while the informant was returning home, the petitioner and his brother stopped him and petitioner's brother gave him a blow with an iron rod on his head as a result of which he sustained serious injuries. It is thereafter stated that the petitioner also gave a blow on his head due to which he fell down and became unconscious.

It is submitted by learned counsel for the petitioner that the allegation as levelled against the petitioner is false and concocted. It is stated that even as per the FIR the first blow is stated to have been given by the brother of the

Patna High Court CR. MISC. No.14893 of 2020(3) dt.08-06-2020 2/2 petitioner. Further from the injury report brought on record as Annexure 2 to the petition, the medical officer found the injury to be simple in nature. The petitioner has no criminal antecedent and is in custody since 16.1.2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the injuries on the informant has been found to be simple in nature and the petitioner being in custody since 16.1.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sirdala P.S. Case no. 431 of 2019 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Nawada.

(Partha Sarthy, J) Prakash/- U