Md. Munna @ Chhutal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16984 of 2023 Arising Out of PS. Case No.-399 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== Md. Munna @ Chhutal S/O- Md Kushman Resident Of Village- Minnat Nagar Ps- Kotwali Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the IPC and Section 27 of Arms Act.

As per prosecution case, informant alleged that on 01.11.2022, while he along with his father was returning home and when they reached near Gumti No-5 all the FIR named accused persons along with the petitioner intercepted and abused them and upon protest co-accused Md. Khursid fired on the father of the informant due to which, his father sustained gun shot injury near right side of ear. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.16984 of 2023(2) dt.29-04-2023 2/2 petitioner is simply a member of the mob due to which he has falsely been implicated in this case. There is no specific allegation of shot fire leveled against the petitioner rather specific allegation of shot fire is against co-accused Md. Khurshid. It is further submitted that petitioner has got no criminal antecedent and nothing has been recovered from his conscious possession moreover, he is languishing in judicial custody since 03.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 399 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Munger.

(Sunil Kumar Panwar, J) Manish/- U T