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Patna High CourtCR. MISC./66662/2025allowed

Munna Gaddi @ Md. Muna Mustak v. The State Of Bihar

2025-09-17Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66662 of 2025 Arising Out of PS. Case No.-224 Year-2023 Thana- PALANWA District- East Champaran ====================================================== Munna Gaddi @ Md. Muna Mustak, S/o Kanhaya Gaddi @ Navi Hasan, R/o Village- Dhanngarwa, P.S- Palanjwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manjeet Kumar Mishra, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-09-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Palanwa P.S. Case No. 224 of 2023 registered for the offences punishable under Sections 341, 307, 323, 506, 504/34 of the Indian Penal Code.

3. Allegedly while the son of the informant was going to attend the nature call, in the meanwhile, all the named accused persons, including the petitioner surrounded him and started abusing and assaulting and also threatened with dire consequences on account of his having become witness and gave deposition in the case of Istaque.

4. Learned Advocate for the petitioner submitted that only in order to mount pressure, the present F.I.R. has been instituted against the petitioner with omnibus nature of allegation. Taking note of the aforesaid fact, the police during

Patna High Court CR. MISC. No.66662 of 2025(2) dt.17-09-2025 2/3 the course of investigation has not found the case true against the petitioner and, as such, he has not been sent up for trial. Later on, the learned jurisdictional court took cognizance of the offences alleged in the F.I.R. against the petitioner also and, as such, the present bail application. Other co-accused persons, against whom charge-sheet has been submitted, they have been allowed the privilege of bail by the learned coordinate Bench of this Court in Cr. Misc. No. 79054 of 2024, vide order dated 02.12.2024.

5. On the other hand, learned APP for the State vehemently opposes the bail application.

6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the fact that the petitioner has not been sent up for trial and differing with the final report, the learned jurisdiction court took cognizance of the offences, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with

Patna High Court CR. MISC. No.66662 of 2025(2) dt.17-09-2025 3/3 Palanwa P.S. Case No. 224 of 2023, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U T