Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74948 of 2022 Arising Out of PS. Case No.-262 Year-2019 Thana- SALIMPUR District- Patna ====================================================== Munna Kumar, Son Of Nageshwar Rai, R/O Village- Gyashpur Mahajee, P.S.- Salimjpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is in custody since 09.12.2021 in connection with S. Tr. No. 884 of 2022 arising out of Salimpur P.S. Case No. 262 of 2019 for the offence registered under Sections 341, 323, 447, 326, 307, 379, 504, 506/34 of the I.P.C. and 27 of the Arms Act.
It is alleged in the prosecution case that the petitioner along with co-accused namely Prince Kumar, Vikky Kumar and Nageshwar Rai came at the house of the informant and started abusing him and his family members. On protest, Nageshwar Rai ordered Prince Kumar to open fire upon Pawan Rai which caused injury at the right arm of Pawan Rai. It is further alleged
Patna High Court CR. MISC. No.74948 of 2022(2) dt.29-04-2023 2/3 that co-accused Vikky Kumar & Nageshwar Rai assaulted his father and mother and Nageshwar Rai also snatched Mangalsutra from his mother.
Learned counsel appearing on behalf of the petitioner submits that injuries sustained by the victim is simple in nature. Petitioner has no criminal antecedent and is in judicial custody since 09.12.2021. He further submits that co-accused Prince Kumar has already been granted bail vide order dated 31.11.2021 in Criminal Miscellaneous No. 21188 of 2021 by the coordinate Bench of this Court.
Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner. Considering the submissions on behalf of the parties, the material against the petitioner as well as the nature of injury and also the fact that the petitioner is in custody since 09.12.2021, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in S.Tr. No. 884 of 2022 arising out of Salimpur P.S. Case No. 262 of 2019, subject to the following conditions:-
(1) Bailors should be local having sufficient
Patna High Court CR. MISC. No.74948 of 2022(2) dt.29-04-2023 3/3 immovable property within the jurisdiction of the Court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (Sunil Dutta Mishra, J) khushbu/- U T