Munchun Kumar @ Ravi Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19569 of 2022 Arising Out of PS. Case No.-58 Year-2021 Thana- AUANGARI District- Nalanda ====================================================== Munchun Kumar @ Ravi Raj Son Of Late Dinesh Prasad R/O VillageBenipur, P.S.- Aungari, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-07-2022 Heard learned counsel for the parties through video conferencing in view of the COVID 19.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is an accused in connection with Sessions Trial No. 555 of 2021 arising out of Aungari P.S. Case No. 58 of 2021 under Sections 506 of the Indian Penal Code. The informant has alleged in the FIR that on 28.06.2021, her cousin grandson, the petitioner herein, had come to her house and due to land dispute, there was heat talked between her husband and the petitioner herein. In a rage, the petitioner herein pushed the door in such a way that it came out of the wall and fell on the head of her husband which resulted into his death.

Patna High Court CR. MISC. No.19569 of 2022(2) dt.29-07-2022 2/3 Learned counsel for the petitioner submits that even going by the allegation in the FIR, it is clear that there was a heat talk between the petitioner and his family members and in a rage he pushed the door in such a way that it came out and unfortunately fell upon the head of his grand father and due to profused bleeding, he died which was an unfortunate incident. However he had no intention to kill his grandfather. He further submits that he is in jail for the said unfortunate incident since 29.06.2021 (as stated in paragraph 14 of the bail application) and he has no criminal antecedent.

Taking into account the aforesaid facts that in a rage he pushed the door which fell on the head of the deceased resulting into his death, he is in jail since 29.06.2021, charge sheet stands submitted as also the fact that he do not have criminal antecedent, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of 2nd Additional Sessions Judge, Hilsa, Nalanda in connection with Sessions Trial No. 555 of 2021 arising out of Aungari P.S. Case No. 58 of 2021, subject to the following conditions.

Patna High Court CR. MISC. No.19569 of 2022(2) dt.29-07-2022 3/3 (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T