Munni Kumar @ Munchun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71873 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== Munni Kumar @ Munchun Kumar Son Of Mahesh Yadav Resident Of Village - Rampur, P.S.- Chandi, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

3. The prosecution case in nutshell is that on occasion of marriage of the daughter of one Binda Singh there was dance program in which informant's brother went to see the same. It is further alleged that accused persons were doing firing in the said program and when

Patna High Court CR. MISC. No.71873 of 2023(2) dt.07-11-2023 2/3 his brother tried to stop them, co-accused Dinesh Kumar @ Bithal ordered to kill him upon which co-accused Dablu Kumar @ Bablu fired upon informant's brother and co-accused Bengwa @ Balbant kumar came there and ordered to kill him. The accused persons fled away from there by firing and thereafter informant's brother was

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner and the specific allegation of firing is levelled against coaccused Dablu Kumar @ Bablu. The informant is not an eye witness of the alleged offence. Moreover, the petitioner is languishing in judicial custody since 17.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently

Patna High Court CR. MISC. No.71873 of 2023(2) dt.07-11-2023 3/3 opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration 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 in connection with Sandesh P.S. Case No. 143 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 the learned Judicial Magistrate, 1st Class, Bhojpur at Ara.

(Sunil Kumar Panwar, J) Nirajkrs/- U T