Patna High CourtCR. MISC./48882/2023bail granted

Munna Malik @ Munna Mali v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48882 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- KESARIA District- East Champaran ====================================================== MUNNA MALIK @ MUNNA MALI SON OF JAGDISH MALIK @ JAGDISH MALI R/O-SIRSA DHEKHA, P.S.-MOTIHARI MUFFASIL, DISTT.-EAST CHAMPARAN, AT PRESENT RESIDENT OF VILLAGEKESARIYA, KADAM CHAUK, P.S.-KESARIYA, DISTT.-EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023

1. 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 Kesariya P.S. Case No. 241 of 2023 dated 13.05.2023 registered for the offences punishable u/ss 341, 342, 323, 308, 504, 506 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, all the FIR named

Patna High Court CR. MISC. No.48882 of 2023(2) dt.16-08-2023 2/3 accused persons including this petitioner assaulted the informant. It is alleged that this petitioner assaulted the informant with iron-rod on the head of the informant due to which he sustained injury and became unconscious.

5. 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. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that there is specific allegation of assault against the petitioner. As per the impugned order, the injury report was not made available.

7. 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, Motihari, East Champaran, in connection with

Patna High Court CR. MISC. No.48882 of 2023(2) dt.16-08-2023 3/3 Kesariya P.S. Case No. 241 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T