Tuntun Mushar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63603 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== TUNTUN MUSHAR S/O LATE MAHANGU MUSHAR @ MAHANGU RAM R/O WARD NO. 18, PURAV TOLA (MUSHAR TOLI), JAGDISHPUR, P.S- JAGDISHPUR, DISTT.- BHOJPUR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Archana Jha For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 323, 341, 337, 338 and 302 of the Indian Penal Code.
3. As per FIR, it is a case of assault due to which, the informant sustained injury and it is further alleged that the accused persons also assaulted the brother-in-law (Sala) of the informant namely, Mahesh Mushar due to which he died on the way to hospital.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is general and
Patna High Court CR. MISC. No.63603 of 2023(2) dt.10-10-2023 2/2 omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. He further submitted that the other co-accused has already been granted bail by a Coordinate Bench vide order dated 17.07.2023 passed in Cr. Misc. No. 39926 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 20.03.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 107 of 2023. (Sunil Kumar Panwar, J) Arish/- U T