Muntun Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42466 of 2019 Arising Out of PS. Case No.-200 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== MUNTUN PANDEY, aged about 34 years, Male, Son of late Umesh Pandey, Resident of Village - Sonbarsa, P.S.- Kanti, Dist.- Muzaffarpur. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Alok Kumar Alok, Advocate.

For the Opposite Party :

Mr.Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2019 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner is languishing in custody since 19.03.2019 in a case for the offence registered under Sections 147, 148, 149, 341, 323, 302, 379, 506 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that due to previous dispute, altercation took place on 09.03.2019 in between the accused persons and the deceased. On 18.03.2019, all the accused persons including petitioner surrounded and caught hold the brother of the informant when he was returning from his shop and co-accused Sushil Mandal fired upon his brother as a result of which, he succumbed to injuries.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.42466 of 2019(2) dt.15-07-2019 2/2 petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is alleged to have caught hold the deceased at the time of occurrence. The main allegation is against co-accused Sushil Mandal who is alleged to have fired upon the deceased. The postmortem report also corroborates the allegation made in the F.I.R. No injury is attributed against the petitioner.

On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. (West), Muzaffarpur, in connection with Kanti P.S. Case No. 200 of 2019.

(Sudhir Singh, J) U.K./- U T