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Patna High CourtCR. MISC./29458/2022allowed

Munna Miyan v. The State Of Bihar

2022-12-07Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29458 of 2022 Arising Out of PS. Case No.-169 Year-2021 Thana- MAIRWAN District- Siwan ====================================================== Munna Miyan Son Of Late Mustaquim Miyan Resident Of Village - Emlauli, P.S. - Mairawa, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 337, 302, 504/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the accused persons including petitioner, variously armed, assaulted the elder brother of the informant and when wife of the informant came to his rescue, she was also assaulted by the accused persons, due to which she succumbed to injuries.

Patna High Court CR. MISC. No.29458 of 2022(3) dt.07-12-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that in the background of some land dispute, the present F.I.R has been registered. From perusal of the postmortem report, it appears that doctor has opined that no external injury has been found on the body of deceased and cause of death was hemorrhagic shock due to head injury by hard and blunt object. Injury report of informant's brother is not available in the case-diary. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VII, Siwan in connection with Mairawa P.S. Case No. 169 of 2021, subject to the conditions as

Patna High Court CR. MISC. No.29458 of 2022(3) dt.07-12-2022 3/3 laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T