Munna Chaudhary @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30429 of 2022 Arising Out of PS. Case No.-473 Year-2012 Thana- BIHTA District- Patna ====================================================== MUNNA CHAUDHARY @ MUNNA S/o Radha Mohan Chaudhary @ Radha Mohan Chaudhary Resident of Village- Belaur, P.S.- Udwant Nagar, District- Bihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-11-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 307 and 326 read with 34 of the Indian Penal Code and 27 of the Arms Act. Later on, Section 302 of the Indian Penal Code was also added. As per the prosecution case, the informant was going to irrigate his field and when he reached near the orchard of Parsa Road, then co-accused persons Rajesh Rai@Bali and Dharmendra Yadav fired on the informant which hit the informant's stomach and his right hand. Thereafter, he was

Patna High Court CR. MISC. No.30429 of 2022(2) dt.16-11-2022 2/2 admitted to P.M.C.H. for treatment.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is accused in eleven other criminal cases out of which he is on bail in ten criminal cases as stated in para 3 of the bail petition. It is further submitted that the petitioner is not named in the F.I.R. and the name of the petitioner has sprung up in the confessional statement of the co-accused persons. One of the co-accused namely Ranjeet Kumar has already been granted bail by a Co-ordinate Bench vide order dated 30.01.2019 passed in Cr. Misc. No. 4942 of 2019. The petitioner is in custody since 19.07.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur, Patna in connection with Bihta P.S. Case No. 473 of 2012.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T