Murali Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5482 of 2024 Arising Out of PS. Case No.-151 Year-2023 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Murali Pal son of Ramjanam Pal R/O- Vill- Ausan, Ps- Bhagwanpur, DistKaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Bhagwanpur PS Case No. 151 of 2023 dated 04-06-2023, instituted under Sections 341,323, 324, 307, 504,506 and 34 of the IPC.

3. Prosecution case in short is that the petitioner along with co-accused persons having variously armed visited the field of the informant and started ploughing the same by tractor. It is further alleged that on protest made by Jawahar Pal, the uncle of the informant, co-accused, namely, Nehru Pal opened fire at him, which didn't hit him and thereafter, petitioner assaulted on the head of the uncle of the informant by means of Gandasa and thereafter, all accused persons assaulted the informant and his family members.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.5482 of 2024(3) dt.08-05-2024 2/2 petitioner is innocent and he has been falsely implicated in this case. It is submitted that allegation against the petitioner is that he assaulted the uncle of the informant on his head by means of Gandasa. On the contrary, injury report of the uncle of the informant shows that the nature of injury is simple caused by hard and blunt substance. Lastly, it is submitted that petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Bhabua, Dist. Kaimur at Bhabua, in Bhagwanpur PS Case No. 151 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T