Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40815 of 2023 Arising Out of PS. Case No.-314 Year-2021 Thana- SARAI District- Vaishali ====================================================== MUNNA KUMAR Son of Late Gariban Singh Resident of village - Akhtiyarpur Patera, P.S.- Sarai, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Sarai P.S. Case No. 314 of 2021 dated 07.12.2021 registered for the offence punishable under Sections 341, 307 and 302 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the petitioner and the coaccused persons assaulted and opened fire upon the son, namely, Banti and nephew, namely, Vikky Kumar of the informant. Due to which the son of the informant sustained injury and his nephew died during the course of treatment.

Patna High Court CR. MISC. No.40815 of 2023(2) dt.19-07-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The other co-accused person has already been granted bail by the Co-ordinate Bench of this Court vide order dated 28.04.2023 passed in Cr. Misc. No. 15482 of 2023. The petitioner is accused in three other criminal cases and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 13.01.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Sarai P.S. Case No. 314 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T