Munna Kumar @ Munna Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43293 of 2024 Arising Out of PS. Case No.-61 Year-2019 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Munna Kumar @ Munna Rai S/o Late Jamun Rai R/O Village Ram Chawk Morcha Tola, Bhauara, ward no. 15, PS Town Distt Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratnakar Jha, Advocate For the Opposite Party/s :
Mr.Lalan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with C.R.I. No. 262 of 2019 arising out of Madhubani Town P.S. Case No. 61 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.
3. As per prosecution case, there is specific allegation against the co-accused Gopal Rai who is said to have assaulted informant by means of farsa upon his head as a result of which he sustained head injury. It is alleged that there is specific allegation against petitioner who is said to have assaulted the informant by means of dabiya as a result of which
Patna High Court CR. MISC. No.43293 of 2024(2) dt.16-07-2024 2/3 he sustained injury. It is alleged that there are other co-accused persons who are also said to have assaulted the informant by means of iron rod and lathi indiscriminately as a result of which informant sustained injury on whole body.
4. Learned counsel for the petitioner submits that the informant sustained only three injuries which are simple in nature. He further submits that there is allegation against more than twelve persons who are said to have assaulted the informant indiscriminately but the very injury report of informant indicates that he sustained only three injuries, which clearly shows that the prosecution story has been exaggerated by the informant himself. He further submits that there is title suit pending between the informant's father and petitioner alongwith other, as mentioned in Annexure 2 of the bail petition. He further submits that the F.I.R. has been lodged against the petitioner under Section 307 of I.P.C. just to make the offence graver as title suit is pending between the parties.
Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears two criminal antecedents in which he is on bail. On similar and identical allegation, co-accused Gopal Rai @ Gopal Das has already been granted anticipatory bail by this Court vide Cr.
Patna High Court CR. MISC. No.43293 of 2024(2) dt.16-07-2024 3/3 Misc. No. 30580 of 2024 and on the principle of parity, petitioner also deserves anticipatory bail.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, co-accused has already been granted anticipatory bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with C.R.I. No. 262 of 2019 arising out of Madhubani Town P.S. Case No. 61 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Alok Kumar Pandey, J) alok/- U T