Munna Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5248 of 2021 Arising Out of PS. Case No.-270 Year-2020 Thana- HARNAUT District- Nalanda ====================================================== MUNNA NAT SON OF KALUT NAT RESIDENT OF VILLAGE GILANICHAK, P.S.-CHANDI, DISTRICT-NALANDA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee, Adv.

For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Harnaut (Telmar) P.S. Case No.270 of 2020 registered under sections 302, 307, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the allegation in the F.I.R., it is stated by the informant that his brother (Shambhu Singh) and Sunny Kumar were going to Harnaut Bazar on a motorcycle. The two accused persons surrounded them and shot his brother. The F.I.R. was registered against two unknown.

It is submitted by learned counsel for the petitioner that the name of the petitioner transpired in course of investigation. It is further submitted that in paragraph no. 64 of the case diary, Sunny Kumar claims to have identified five accused persons

Patna High Court CR. MISC. No.5248 of 2021(3) dt.27-07-2021 2/2 and he further states that accused Bahadur Bind had struck him with lathi. It is submitted by learned counsel for the petitioner that while the F.I.R. was registered against only two unknown, here five accused persons are named. There is no statement to the effect as to who fired and the case of the petitioner stands on a similar footing to that of co-accused Firoj Nat who has been enlarged on bail vide order dated 2.7.2021 passed in Cr. Misc. no.12617 of 2021. The petitioner is in custody since 24.6.2020. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner having been remained in custody for over 1 year, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Harnaut (Telmar) P.S. Case No.270 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif.

(Partha Sarthy, J) Saurabh/- U T