Munna Dewan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55485 of 2023 Arising Out of PS. Case No.-591 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Munna Dewan Son Md. Serajul Haque Dewan Resident Of VillageMadhopur, Tansariya, P.S.- Turkauliya, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.K. Verma :

Mr. Rajesh Kr. Verma Mr.Shashi Bhushan Pandey For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 447, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the petitioner is alleged to have assaulted the husband of the informant by means of axe due to which he sustained injury. Other co-accused namely, Samim Dewan is said to have fired upon the informant's husband.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.55485 of 2023(3) dt.13-09-2023 2/2 falsely been implicated in this case. The injury report has not corroborated the prosecution as the petitioner is alleged to have assaulted on head of the informant's husband but the injury report shows compound fracture of both bones of the right leg. Specific allegation of firing is against co-accused Samim Dewan. There is also case and counter case. It is further submitted that the petitioner is languishing in judicial custody since 24.5.2023.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Turkauliya P.S. Case No. 591 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari. (Sunil Kumar Panwar, J) Amandeep/- U T