Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76845 of 2023 Arising Out of PS. Case No.-30 Year-2022 Thana- HARINMAR District- Munger ====================================================== Munna Singh Son Of Neko Singh Resident Of Village - Raita, P.S.- Harinmar, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, allegation against the petitioner is of opening fire upon the informant which hit on his left arm due to which the informant sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no

Patna High Court CR. MISC. No.76845 of 2023(3) dt.26-07-2024 2/3 offence. He has falsely been implicated in this case. For the alleged occurrence of 30.05.2022, the FIR was lodged on 03.06.2022 after delay of four days. Although the petitioner is said to have fired upon the informant, he sustained injury on his left arm which is not a vital part. The medical report of the injured/informant is not in consonance with the prosecution case. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 25.07.2023. Moreover, co-accused Indal Singh has already been granted bail vide order dated 21.03.2024 passed in Cr. Misc. No. 83426 of 2023.

5. Learned APP appearing for the State has opposed the prayer of regular bail and submitted that the specific allegation of firing is against this petitioner due to which the informant sustained injury.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is

Patna High Court CR. MISC. No.76845 of 2023(3) dt.26-07-2024 3/3 inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Harinmar P.S. Case No. 30 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger.

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