Manoj Prasad @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24709 of 2023 Arising Out of PS. Case No.-290 Year-2022 Thana- DARAUNDA District- Siwan ====================================================== MANOJ PRASAD @ MUNNA Son of Ramchandra Prasad Resident of village - Ramchandrapur, P.S. - Daraunda, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 385, 387, 307/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the petitioner is alleged to have fired upon the brother of the informant namely, Pramod Chaurasiya due to which he sustained gun shot injury. Other coaccused also made indiscriminate firing. The alleged occurrence took place on denial of not giving extortion money to the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Both the parties are co-villagers and due to business dispute, the petitioner has falsely been implicated in this case. The petitioner

Patna High Court CR. MISC. No.24709 of 2023(4) dt.11-09-2023 2/2 is alleged to have fired upon the informant's brother but there is no repetition of firing made by the petitioner. It is also submitted vide para-13 of the petition that neither primary treatment nor referred by the local govt. hospital report produced from the A.I.I.M.S., Patna. The doctor has also not found exit wound of bullet rather stitch wound is mentioned in injury report of the informant's brother. It is further submitted that the petitioner is languishing in judicial custody since 7.1.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Daraunda P.S. Case No. 290 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 Addl. Chief Judicial Magistrate, 1st Class, Siwan. (Sunil Kumar Panwar, J) Amandeep/- U T