Dinesh Murmu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34141 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- BELHAR District- Banka ====================================================== DINESH MURMU Son of Chunku Murmu Resident of Village - Khairikhad, P.S.- Belhar, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP .

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Belhar P.S. Case No. 30 of 2020 (Special Ex/Reg. No. 45/2020) for the offence registered under Sections 147, 148, 149, 341, 323, 333, 334, 337, 353, 307 and 427 of the Indian Penal Code and Sections 30(a) (g) of the Bihar Excise Prohibition Act, 2016.

The accused persons are alleged to have engaged in stone pelting after the police had recovered illicit liquor from the backyard of house of one Vinay Lal Murmu and it is also alleged that the petitioner was one of the persons who was pelting bricks and stones on the police.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.34141 of 2021(2) dt.13-12-2021 2/3 that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 19.02.2021. The learned counsel for the petitioner has further submitted that the name of the petitioner has transpired in the present case belatedly after submission of supervision note by the police. It is next submitted that the petitioner has already been sufficiently punished on account of his incarceration.

Per contra, Shri Ashok Kumar, learned APP for the State has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the fact that the the petitioner is languishing in custody since 19.02.2021 and moreover his name has transpired belatedly in the present case, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in

Patna High Court CR. MISC. No.34141 of 2021(2) dt.13-12-2021 3/3 connection with Belhar P.S. Case No. 30 of 2020 (Spl. Ex/Reg. No. 45/2020).

(Mohit Kumar Shah, J) S.Sb/- U T