Munni Thakur @ Sanuj Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63398 of 2021 Arising Out of PS. Case No.-592 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== MUNNI THAKUR @ SANUJ THAKUR Son of Shiv Shankar Thakur Resident of Village - Bahadinpur, Tole Makundpur, P.S.- Paroo, District - Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jitendra Kumar Shrivastava For the Opposite Party :

Mr. Md. Arif, APP For the Informant :

Mr. Amit Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Paroo P.S. Case No. 592 of 2020, registered for the offence punishable under Sections 448, 341, 323, 324, 325, 307, 379, 504/34 of the Indian Penal Code.

The petitioner is in custody since 09.01.2021. It is alleged in the First Information Report that the named accused persons were allowing their goat to graze in the field of the informant, which was objected to by the informant's grandson. In retaliation thereof, the accused persons, armed variously, came to the informant's house and assaulted the informant's son.

Patna High Court CR. MISC. No.63398 of 2021(2) dt.07-04-2022 2/3 The petitioner was not named in the First Information Report, who is a co-villager.

Learned counsel appearing on behalf of the petitioner submits that implication of this petitioner in the case is an afterthought inasmuch as his name has surfaced on the basis of further statement of the informant during the course of the investigation. He has submitted that had the petitioner participated in the occurrence, the informant could have taken his name in the First Information Report itself. He has further argued that there is no specific allegation of assault against this petitioner.

Considering the submission that the petitioner was not named in the First Information Report by the informant, who is a co-villager, and his name surfaced during the course of investigation in the further statement of the informant, since the petitioner is in custody since 09.01.2021, a case for grant of regular bail is made out. This application is accordingly allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, West Muzaffarpur, in Paroo P.S. Case No.

Patna High Court CR. MISC. No.63398 of 2021(2) dt.07-04-2022 3/3 592 of 2020.

(Chakradhari Sharan Singh, J) Pawan/- U T