Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71648 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== MONU KUMAR, male, aged about 20 years, Son of Sri Subodh Choudhari @ Subodh Sharma R/V- Baro, Tola- Bishanpur, Ward No. 12 (Wrongly mentioned in the F.I.R. as Gachhi Tola) P.S- Phulwaria, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Prasad Sinha, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Barauni/Garhara P.S. Case No. 27 of 2022 dated 10.01.2022 registered for the offence(s) punishable under Section(s) 323, 341, 504, 506, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by the learned counsel for the petitioner are that as per FIR, the informant sustained firearm injury at non-vital part of his body and the petitioner has fair and clean antecedent and the FIR goes to show that the alleged occurrence was not pre-planned and same occurred in the spur of moment and the petitioner has been languishing in jail for about eight months and against him, the investigation has been completed.

Patna High Court CR. MISC. No.71648 of 2022(2) dt.02-05-2023 2/2

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the petitioner's custody period, his young age, the completion of investigation against him and also the facts that he has fair and clean antecedent and as per the FIR, a quarrel in between the children is stated to be the genesis of the occurrence and other co-accused persons instigated the petitioner to commit the alleged occurrence of firing and there is no allegation of repeated firing by this petitioner at the informant and only one firearm injury at non-vital part of the body of the informant has been found, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail after framing of charge, if the same has not been framed in connection with Barauni/Garhara P.S. Case No. 27 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T