Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26834 of 2019 Arising Out of PS. Case No.-115 Year-2017 Thana- AGIAON District- Bhojpur ====================================================== Munna Kumar, Male, Aged about 38 years, Son of Rana Singh Resident of Village- Aslan, P.S.- Agiawan, District- Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ugranath Mallik, Advocate For the Opposite Party :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 307 of the Indian Penal Code registered in connection with Agiawan (G) P.S. Case No. 115 of 2017.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute between the parties, who are all close relatives. There are three accused persons including the petitioner being the own brother, father and uncle of the informant. No specific accusation of assault whatsoever has been made against the petitioner. Injury sustained by the wife of the informant is simple in nature. Co-accused Ashok Singh has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 30.04.2018 passed in Cr. Misc. No. 20533 of 2018. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named 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 learned

Patna High Court CR. MISC. No.26834 of 2019(2) dt.24-04-2019 2/2 Chief Judicial Magistrate, Bhojpur, Ara in connection with Agiawan (G) P.S. Case No. 115 of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/- (Vikash Jain, J) U T