Murari Kumar @ Murari Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29345 of 2022 Arising Out of PS. Case No.-392 Year-2021 Thana- DARAUNDA District- Siwan ====================================================== MURARI KUMAR @ MURARI KUMAR SINGH Son of Late Vishwanath Singh Resident of Village - Falpura, P.S. - Daraunda in the district of siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Braj Nandan Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Daraunda P.S. Case No. 392 of 2021 registered for the offence under Sections 341, 323, 324, 307 and 504 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 28.02.2022.
The allegation against the petitioner is to assault the brother of the informant with knife, having intention to cause death, in the background of previous enmities. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.29345 of 2022(2) dt.16-09-2022 2/3 submitted that petitioner has falsely been implicated in this case due to neighborhood differences. It is submitted that alleged assault is single without having any intervening circumstances and not appears of such nature which may cause death in ordinary course of nature. It is further submitted that nature of injury is lacerated, creating a doubt as regard to the weapons, which was alleged to use for assault i.e. knife which by all probabilities may cause a sharp cut injury. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent, where, investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, Shri Sanjay Kumar Singh, while opposing the prayer of bail submitted that nature of injury is grievous in nature.
Considering the facts and circumstances as mentioned above, as alleged assault is not repeated without having any intervening circumstances, negating intention thereof, coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Daraunda P.S. Case No. 392 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.29345 of 2022(2) dt.16-09-2022 3/3 two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Siwan/concerned court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T