Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60125 of 2023 Arising Out of PS. Case No.-655 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Munna Kumar Son of Bhikhari Sharma Resident of Village-Tilak Rampur, P.S.-Janki Nagar, District-Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-09-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with K. Hat (Maranga) P.S. Case No.655 of 2023 registered for the offence under Sections 341, 323, 324 and 307/34 of the Indian Penal Code.
3. The accused/petitioner is named in the F.I.R. and is in custody since 28.05.2023.
4. The allegation against the petitioner is to assault the husband of informant alongwith other co-accused persons, when he refused to provide his motorcycle. Husband of petitioner after receiving knife injury became unconscious and one co-accused person namely Pappu Kumar, was apprehended on spot by public.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.60125 of 2023(2) dt.08-09-2023 2/3 petitioner submitted that petitioner was not apprehended on spot and the co-accused, namely Pappu Kumar, who was apprehended on spot has already granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 56768 of 2023 vide order dated 30.08.2023. It is submitted that allegation as to cause knife injury is not specific against this petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet has already submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of the facts and circumstances as mentioned above and by taking note of the nature of allegations, which is appearing not specific against this petitioner coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 28.05.2023, accordingly, petitioner, above named, is directed to be released on bail in connection with K. Hat (Maranga) P.S. Case No.655 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.60125 of 2023(2) dt.08-09-2023 3/3 Chief Judicial Magistrate, Purnea/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. with further conditions :- (i) That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T