Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46427 of 2023 Arising Out of PS. Case No.-151 Year-2020 Thana- DARIYAPUR District- Saran ====================================================== Munna Singh, Son Of Late Shiv Sagar Singh, Resident Of Village- Darihara Bhuwal, PsDariyapur, Distt- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

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

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Dariyapur P.S. Case No. 151 of 2020 dated 28.05.2020 registered for the offences punishable u/ss 147, 148, 149, 506, 323, 354B 379, 307 and 427 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons holding weapons come to the door of the informant and started assaulting him and pressing his neck with leg. On alarm, the informant's wife and daughter came to rescue him then the accused persons started assaulting them. Thereafter, the accused persons took out Rs. 1,10,000/- and gold ornaments

Patna High Court CR. MISC. No.46427 of 2023(2) dt.02-08-2023 2/2 from almirah on the point of pistol. When the informant raised alarm, the petitioner assaulted him with sword causing head injury.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per injury report of the informant, the injury is simple in nature caused by hard and blunt substance. Nothing has been recovered from the possession of the petitioner. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 29.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the injury being simple in nature, the petitioner above-named, 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, Chapra at Saran in connection with Dariyapur P.S. Case No. 151 of 2020.

8. The application stands allowed.

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