Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17134 of 2022 Arising Out of PS. Case No.-7 Year-2021 Thana- KHUDWA District- Aurangabad ====================================================== 1.

MANTU KUMAR S/o Prabhunath Singh Resident of Village- Lahsa, P.S.- Khudwan, District- Aurangabad.

2.

Prabhunath Singh Son of Late Rajnandan Singh Resident of Village- Lahsa, P.S.- Khudwan, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2022 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have preferred this application for grant of regular bail in a case registered under Sections 341, 323, 324, 307 and 504 read with 34 of the Indian Penal Code. As per the prosecution case, the petitioners and other co-accused armed with lathi and khanti are said to have assaulted the informant's husband with intent to kill and caused injury to him.

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated at para 3 of the bail petition. There is a case and counter-case between the parties. Learned counsel for the petitioners further submitted that there was a free fighting between the parties. The petitioner, Mantu Kumar also sustained grievous injury. The petitioners are in custody since 02.02.2022. There is general and omnibus allegation against the petitioners Learned A.P.P. for the State has opposed the bail petition of the petitioners by submitting that the husband of the informant sustained two grievous injuries.

Considering the aforesaid facts and circumstances, the petitioners above-named, are directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad, in connection with Khudwan P.S. Case No. 07 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T