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Patna High CourtCR. MISC./54641/2023bail granted

Chunmun Kumar @ Chunmun @ Munchun Kumar v. The State Of Bihar

2023-08-23Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54641 of 2023 Arising Out of PS. Case No.-339 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== Chunmun Kumar @ Chunmun @ Munchun Kumar Son Of Ravindra Kumar Village- Rajputana Pachaina Ps- Koilwar Dist- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-08-2023 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 34 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution, a case has been lodged against 4 named accused persons, including the present petitioner. The allegation has been made in the FIR that near the temple of village two parties were scuffling with each other and then the second party attacked on the informant and fired upon him through a katta. A specific allegation against one Raghuveer Singh is that he attacked on the head of the informant with the butt of a katta, due to which injury took place and allegation of snatching one mobile phone is also there against the said Raghuveer Singh.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. Counsel submits that name of the petitioner has been figured in this case

Patna High Court CR. MISC. No.54641 of 2023(2) dt.23-08-2023 2/2 under conspiracy. He submits that there is nothing specific against the petitioner and a general and omnibus allegation has been made against him. He also submits that a similarly situated person has been granted bail vide order dated 29.11.2022 passed in Cr. Misc. No.39616 of 2022 by the Co-ordinate Bench of this Court.

5. Learned APP for the State opposes the prayer for bail.

6. In the present facts and circumstances, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P. S. Case No.339 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) Ashishsingh/- U T