Munna Sah @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88198 of 2024 Arising Out of PS. Case No.-315 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Munna Sah @ Munna Kumar S/O Ramji Sah R/O - Budhwaliya, P.S- Nautan, District - West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 88203 of 2024 Arising Out of PS. Case No.-315 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Dinanath Sah S/O Dharikshan Sah R/O Vill.- Budhwaliya, P.S- Nautan, District - West Champaran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 88198 of 2024) For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP Mr. Harendra Prasad, Advocate (In CRIMINAL MISCELLANEOUS No. 88203 of 2024) For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP Mr. Harendra Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-02-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The petitioners have prayed for bail in connection with Nautan P.S. Case No.315 of 2024 registered for the offence punishable under Sections 191(2), 190, 126(2), 127(2), 115(2), 118(1), 109, 103, 352, 351(2) of the BNS.

3. The case of the prosecution is that a panchayati

Patna High Court CR. MISC. No.88198 of 2024(3) dt.11-02-2025 2/3 was going between the parties. When the husband of the informant tried to put forward his point, he was being stopped and was abused. After twenty minutes of panchayati Kailash Mukhiya gave order to assault, on this Dinanath Sah assaulted with iron pipe on the back of the head of the Suresh Sah. It is further alleged that as the husband of the informant fell down Munna Sah assaulted with lathi on the head. When the family members came to rescue, they were also being assaulted.

4. Learned counsel appearing on behalf of the petitioner has submitted that in this case, there is no repetition of blow and that the occurrence took place on the spur of moment, there was no pre-planning.

5. The learned APP as well as learned counsel for the informant has submitted that the allegations against the petitioners Dinanath Sah and Munna find supports from the postmortem report. From perusal of the postmortem report, it transpires that the deceased has received four ante-mortem injuries, out of which, two are on the head. There is specific allegation against these petitioners assaulting on head due to which the deceased has died. Petitioners are in custody since 31.08.2024.

6. Considering the above facts and circumstances of

Patna High Court CR. MISC. No.88198 of 2024(3) dt.11-02-2025 3/3 the case and the submissions put forward by the parties, I am not inclined to grant bail at this stage. However, the petitioners are at liberty to renew their prayer for bail after six months, if so advised.

(Ashok Kumar Pandey, J) Prakash Narayan U T