Munna Singh @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24013 of 2015 Arising Out of PS.Case No. -228 Year- 2014 Thana -MAJHAHGARH District- GOPALGANJ ======================================================
1. Munna Singh @ Munna Son of Late Mahanth Singh resident of village - Bhojpurawa, P.S. Manjhagarh, District - Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashish Giri For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is in custody in a case registered under Sections 302/34 of the Indian Penal Code.
The prosecution case in, brief, is that on 24.9.2014 in the evening the younger brother of the informant namely, Nanki Singh @ Raj Kumar Singh went on the motorcycle to collect Rs. 80,000/- as well as the cost of the sale of the motorcycle belonging to the informant's son namely Shakti Singh to the house of the coaccused namely Babloo Singh and his brother who is the petitioner. It has been alleged that when the brother of the informant Nanki Singh reached the house of the accused, the coaccused Babloo Singh allegedly held him from the back whereas
Patna High Court Cr.Misc. No.24013 of 2015 (2) dt.06-07-2015 2/3 the petitioner is alleged to have stabbed the brother of the informant twice on right side of his chest and thereafter ran from the house. The victim after being heard tried to go to his home on his motorcycle however fell down on way whereafter the villagers took him to Gopalganj Sadar Hospital where during the course of treatment he passed away.
It has been submitted on behalf of the petitioner that as per prosecution case it has been submitted that the petitioner is said to have given two blows of knife on the stomach of the deceased but from perusal of the Post Mortem Report it appears that only one injury was found on the deceased, which goes to suggest that real story has not been stated in the FIR and whatever is stated in the FIR is based on what Sunil Singh has narrated. It is further submitted that the petitioner has no criminal antecedent and is in custody since 29.9.2014. It is further submitted that the petitioner may be released after completion of 15 months from 29.9.2014.
On behalf of the State and the informant it is submitted that the petitioner is named in the FIR.
Considering the facts aforesaid, the above named petitioner is directed to be released on bail, after completion of 15 months in custody from 29.9.2014, on furnishing bail bond of Rs.
Patna High Court Cr.Misc. No.24013 of 2015 (2) dt.06-07-2015 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in Manjhagarh P.S.Case No. 228 of 2014 (Sudhir Singh, J) singh/- U T