Munna Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52562 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- BANSHI District- Jehanabad ====================================================== 1.

Munna Das S/O Late Shiv Jatan Das Resident Of Village- Sonbhadra, P.S.- Bansi, District- Arwal.

2.

Binod Kumar @ Binod Das S/O Krishna Das Resident Of VillageSonbhadra, P.S.- Bansi, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arya Achint For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 341, 323, 307, 354, 302 and 34 of the Indian Penal Code. As per prosecution, it is a case of assaulting one person namely Subhash Das by means of lathi, danda, farsa due to which he succumbed injury.

Learned counsel for the petitioners submit that the petitioners are innocent and committed no offence and has been falsely implicated in this case. There is case and counter case between the both the parties. There is no specific over tact

Patna High Court CR. MISC. No.52562 of 2022(4) dt.07-02-2023 2/2 against the petitioners of general and omnibus allegation against the petitioners. It is a case of free fight as alleged. It is also submitted that postmortem report in respect of external injury which not in consonance with the prosecution case. Petitioners are languishing in judicial custody since 05.05.2022. Learned APP appearing for the State has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Banshi P.S. Case No. 26 of 2022, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, 1st, Arwal, (Jehanabad).

(Sunil Kumar Panwar, J) Ranjeet/- U T