Munna Kumar @ Munna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33616 of 2025 Arising Out of PS. Case No.-169 Year-2024 Thana- KARAKAT District- Rohtas ====================================================== 1.

Munna Kumar @ Munna Paswan S/o- Late Shiv Kumar Paswan VillageChavar Dihri PS-Karakat District- Rohtas 2.

Lalbabu Paswan S/o- Late Shiv Kumar Paswan Village- Chavar Dihri PSKarakat District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Upadhyay, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-05-2025 Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the State.

2. The petitioners seek regular bail in connection with Karakat P.S. Case No. 169 of 2024, registered for the offence punishable under Sections 341, 323, 307, 354, 448, 504 and 34 of the Indian Penal Code. Petitioners have clean antecedent.

3. As per the FIR, the named accused persons are alleged to have entered into the house of the informant and were teasing the daughter-in-law of the informant and when protest was made, the named accused persons are said to have assaulted them causing injuries to several persons on the informant's side and thereafter the informant and others were also threatened of dire consequences.

4. The learned counsel for the petitioners submits that they have falsely been implicated in this case. There is general and omnibus allegation against the petitioners and no specific overt act

Patna High Court CR. MISC. No.33616 of 2025(2) dt.28-05-2025 2/3 has been alleged. It has further been stated the there is case and counter case for the same incident and the FIR was lodged on behalf of the petitioner bearing Karakat P.S. Case No. 170 of 2024. It has also been stated that most of the injuries were found to be simple barring one injury received by Kurban Ali which was found to be grievous in nature. It has lastly been submitted that the petitioners have clean antecedent and they are in custody since 24.03.2025.

5. The learned A.P.P. for the State has vehemently opposed the prayer for bail and has stated that there is allegation upon the petitioners to have assaulted the informant's side causing grievous injury to one Kurban Ali.

6. Considering the aforesaid submissions made by the respective parties and taking into account the fact that there is general and omnibus allegation against the petitioners and the petitioners having clean antecedent, I am inclined to grant the petitioner privilege of regular bail.

7. Accordingly, the prayer for bail is allowed.

8. Let the petitioners, above named, be released on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned Additional Chief Judicial Magistrate, Bikramganj, District-Rohtas, in connection with Karakat P.S. Case No. 169 of 2024, subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close

Patna High Court CR. MISC. No.33616 of 2025(2) dt.28-05-2025 3/3 relative.

(ii) The petitioners shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned. (iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) Siwani/- U T