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Patna High CourtCR. MISC./70254/2021bail granted

Munga Lal Sharma v. The State Of Bihar

2022-06-09Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70254 of 2021 Arising Out of PS. Case No.-195 Year-2021 Thana- JANKINAGAR District- Purnia ====================================================== 1.

MUNGA LAL SHARMA Son of Late Chhutahru Sharma Resident of Village- Itahari, P.S.- Janki Nagar, District- Purnea. 2.

Ankit Kumar Son of Naresh Sharma Resident of Village- Itahari, P.S.- Janki Nagar, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2022 Heard the learned counsel for the petitionera and the learned APP for the State.

The petitioners seek regular bail in connection with Janki Nagar P.S. Case No. 195 of 2021, registered for the offence punishable under Sections 147, 149, 341, 323, 307 and 504 of the Indian Penal Code.

The allegation is regarding the accused persons having assaulted the informant and his wife by rod and sticks on account of certain dispute having erupted regarding contesting the Gram Panchayat Election.

Patna High Court CR. MISC. No.70254 of 2021(2) dt.09-06-2022 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case, they are having a clean antecedent and they are languishing in custody since 7.9.2021. The learned counsel for the petitioners has further submitted by referring to Annexure-3 to the present petition that the injuries sustained by the informant and his wife have been found to be simple in nature.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioners herein, apart from the fact that the informant and his wife have sustained simple injuries as also the petitioners are having a clean antecedent, I deem it fit and proper to direct for release of the

Patna High Court CR. MISC. No.70254 of 2021(2) dt.09-06-2022 3/3 petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Purnea in connection with Janki Nagar P.S.Case No. 195 of 2021..

(Mohit Kumar Shah, J) Ajay/- U T