Munna Kumar @ Munna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15813 of 2018 Arising Out of PS. Case No.-127 Year-2017 Thana- GARAUL District- Vaishali ====================================================== Munna Kumar @ Munna Paswan, Son of Bajrang Paswan, Resident of Village- Ramdaspur, P.S.- Goraul, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vasant Vikas For the Opposite Party/s :

Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-04-2018 Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Goraul P.S. Case No. 127 of 2017 dated 31.05.2017 instituted for the offences under Sections 323, 341, 354 (B), 307, 379 and 504 of the Indian Penal Code.

For the informant having invited a person of the opposite camp also, the petitioner and others assaulted the informant, leading to injuries on her head. The act of assault has specifically been attributed to the petitioner. Learned counsel for the petitioner however has submitted that the manner of occurrence was different and only because the petitioner was more vocal than others in expressing his protest over the invitation of a person of the opposite camp, that he has been made accused. It has further been submitted that there was no

Patna High Court Cr.Misc. No.15813 of 2018(2) dt.06-04-2018 2/2 intention, if at all the petitioner had assaulted the informant, of causing any serious injury on her person. In fact, the injuries suffered by the informant are opined to be simple in nature. Even the X-ray report does not reflect any bony injury. It has been submitted that there was some dispute between the parties and scuffle took place in which the informant fell down and suffered the aforesaid injuries.

Considering the background facts and lack of any intention on the part of the petitioner to inflict any serious injury on the person of the informant, this Court is inclined to grant anticipatory bail to the petitioner. The petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 127 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T