Munna Kumar @ Munna Kumar Chandravanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42879 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- AKHODHIGOLA District- Rohtas ====================================================== MUNNA KUMAR @ MUNNA KUMAR CHANDRAVANSHI S/O SHIV DAYAL CHANDRAVANSHI Resident of village- Akorhi, P.S.- Akorhigola, District- Rohtas.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 17-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with S.Tr. No. 326 of 2021 arising out of Akorhigola P.S. Case No. 96 of 2021 registered for the offences punishable under Sections 302, 307, 341, 323, 324, 325, 337, 504, 506/34 of IPC. As per prosecution case,petitioner and other are alleged to have assaulted devar of informant and other. Learned counsel for the petitioner submits that petitioner is in custody since 02.09.2021 and bears no criminal antecedent. Charge sheet has been submitted in the case and
Patna High Court CR. MISC. No.42879 of 2022(2) dt.17-11-2022 2/3 there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner had parked his pickup van in parti land in front of informant's house for which some altercation took place between the parties which resulted in free fight but entire family members including the petitioner were made accused in this case only with a view to harass them. He further submits that co-accused Meera Kumari, Bhuari Devi, Sheo Dayal Chandravanshi have already been granted bail vide Cr.Misc No. 10721 of 2022 by this Court and the case of present petitioner stands on similar footing.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, similarly situated co-accused have been granted bail, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on 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 Additional Sessions
Patna High Court CR. MISC. No.42879 of 2022(2) dt.17-11-2022 3/3 Judge 9, Rohtas at Sasaram in connection with Akorhigola P.S. Case No. 96 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) vashudha/- U T