Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31665 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== MUNNA SAH S/O BHOLA SAH R/O Village- Ahirauliya, P.S- Chiraiya, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 354(B), 379, 504/34 of the Indian Penal Code. As per prosecution case, due to some dispute while the Panchayti was gong on, meanwhile, the accused persons including the petitioner came there and started abusing and assaulting the husband of the informant. During course of this incident, the petitioner gave farsa blow on the head of the informant's husband due to which he sustained injury. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Both the parties are neighbour and a path dispute was going on between them as a result of which the petitioner has falsely been

Patna High Court CR. MISC. No.31665 of 2023(2) dt.24-06-2023 2/2 implicated in this case. As per injury report which is annexed as Annexure-2, it appears that the injured sustained lacerated wound whereas, the allegation has been made that he was assaulted by means of Farsa. It is further submitted that the petitioner has got no criminal antecedent and languishing in judicial custody since 13.3.2023.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that as per injury report, the nature of injury is grievous which sustained by the injured. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chiraiya P.S. Case No. 55 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran.

(Sunil Kumar Panwar, J) Amandeep/- U T