Lal Muni Singh @ Lal Muni Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74001 of 2024 Arising Out of PS. Case No.-439 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Lal Muni Singh @ Lal Muni Sah S/O Ramnath Singh R/O VillageChaurshni, P.S.Udawantnagar ( Gajrajganj OP), Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Udwantnagar (Gajrajganj O.P.) P.S. Case No. 439 of 2023 dated 14.10.2023 registered for the offences punishable u/s 325, 323, 341, 379, 307, 504, 506 read with section 34 of the Indian Penal Code and 27 of the Arms Act.
3. As per the prosecution case, on 14.10.2023 at around 5:30 A.M., the informant along with his uncle Sri Niwas Singh and cousin Bir Bahadur Singh was watering agricultural land. In the meantime, the co-accused persons, Ramadhar Singh, Ram Awadesh Singh, Ramnath Singh and Bhubneshwar
Patna High Court CR. MISC. No.74001 of 2024(2) dt.18-10-2024 2/3 Singh armed with lathi and pistol came and started abusing the informant and his uncle. On being objected by the informant, the petitioner and the co-accused persons started to assault the informant and his uncle on their head with intent to kill due to which the right palm of the informant got fractured. It is further alleged that the co-accused Sonu Kumar snatched Rs. 10,000/- from the pocket of the informant and fled away. On hulla, the villagers gathered there and they took the informant and his uncle to Sadar Hospital for treatment.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that the both parties are Gotiya and co-sharer and for partition of ancestral property, there is a case and counter case between both the parties. It is submitted that the injuries have been sustained by both side of the party. It is further submitted that the injury of Ram Niwas Singh, the injury nos. 1, 3 and 4 are simple in nature and the injury no. 2 is stated to be grievous in nature. The co-accused person has already been granted regular bail by this court vide order dated 11.09.2024 passed in Cr. Misc. No. 62077 of 2024. The petitioner has two criminal antecedents as stated in para 3 of the
Patna High Court CR. MISC. No.74001 of 2024(2) dt.18-10-2024 3/3 bail petition. The petitioner is in custody since 21.06.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Udwantnagar (Gajrajganj O.P.) P.S. Case No. 439 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T