Munna Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24642 of 2022 Arising Out of PS. Case No.-336 Year-2021 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Munna Dom Son Of Late Hira Dom Resident Of Mohalla - Kachahari Katrapar, P.S.- Laheri, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. A. Shamsi, Advocate For the Opposite Party/s :

Ms. Dr. Indiwar Kumari, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks form today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in short, is that the petitioner along with seven co-accused persons attacked the son of the informant and co-accused Golu Dom fired from his pistol which hit the son of the informant and he died.

Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that there is general and omnibus allegation against the petitioner and no specific overtact has been alleged

Patna High Court CR. MISC. No.24642 of 2022(2) dt.18-08-2022 2/2 against him. It is submitted that the specific allegation of firing is against co-accused Golu Dom. It is further submitted that similarly situated persons Anil Dom and Akash Dom have been granted bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 04.03.2022 passed in Criminal Miscellaneous No. 69065 of 2021. The petitioner is in custody since 05.08.2021, is a person with clean antecedent and charge-sheet has been submitted in the case.

Learned A.P.P for the State opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned VIII Additional Sessions Judge, Nalanda at Biharsharif in connection with Lehari P.S. Case No. 336 of 2021. (Khatim Reza, J) shanu/- U T