Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33647 of 2019 Arising Out of PS. Case No.-127 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== MUNNA KUMAR Son of Keshav Prasad @ Lallan Mahto Resident of Mohalla- Munnachak, Gali No.-17, Post- Lohia Nagar, P.S.- Patrakar Nagar, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Dubey For the Opposite Party/s :

Mr. B. N. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2019 Heard both sides.

The petitioner apprehends his arrest in Patrakar Nagar P.S. case No. 127 of 2019 registered under Section 307, 379 and other Sections of the IPC.

The informant named the petitioner along with 10 other accused persons and alleged that Ravi Kumar assaulted the informant with butt of pistol. Munna Kumar, the petitioner, is said to have given blow with knife which was warded off by the informant at his left hand. Kamla Devi took out Rs. 10,000/- from the pocket of informant and Keshav Kumar snatched his chain made of gold. The other accused persons also assaulted the informant and others.

The learned counsel for the petitioner submits that petitioner is next door neighbour of the informant. Kamla Devi lodged Patrakar Nagar P.S. case No. 128 of 2019 in which she alleged that Raj Kumar, informant of the present case, and others came and assaulted son of Kamla Devi and they also

Patna High Court CR. MISC. No.33647 of 2019(2) dt.22-05-2019 2/2 snatched different articles from her house. It is further submitted that petitioner is alleged to have assaulted the informant with knife but no injury caused by sharp edged weapon on left hand was found.

Taking into consideration the facts that both sides appears to have entered into mutual assault on each other on account of some petty dispute and the petitioner, of course, is alleged to have given knife blow but it is submitted that no injury caused by sharp edged weapon was found on the person of informant, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Patna in connection with Patrakar Nagar P.S. case No. 127 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T