Magnu Bind @ Magan Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33763 of 2023 Arising Out of PS. Case No.-31 Year-2021 Thana- MARANCHI District- Patna ====================================================== Magnu Bind @ Magan Bind Son Of Mohan Bind @ Mahendra Bind Resident Of Village- Barahpur, P.S.- Mokama, District-Patna. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Maranchi Panchmahla O.P. P.S. Case No. 31 of 2021 registered for the offence under Sections 341, 323, 326, 307 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is not named in the F.I.R. and is in custody since 24.01.2022.

The allegation against the petitioner is to cause firearm injury to brother of informant while they were on their boat in connection with fishing in river the Ganga.

Patna High Court CR. MISC. No.33763 of 2023(2) dt.24-06-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the petitioner implicated with present case out of local disputes and differences as his name surfaced in present case on the basis of suspicion, on the instance of unknown villagers during the course of investigation. It is also submitted that save and except suspicion, no incriminating material recovered/surfaced during the course of investigation as to connect petitioner with present occurrence of firing. While concluding the argument, it is submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of the fact as the name of petitioner appears in present case out of suspicion, coupled with the fact that charge-sheet has already been submitted, where petitioner is in custody since 24.01.2022, accordingly, the petitioner, above named, is directed to be released on bail in connection with Maranchi (Panchmahla) P.S. Case No. 31 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.33763 of 2023(2) dt.24-06-2023 3/3 Additional District Judge-I, Barh, Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T