Munna Kumar @ Munna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1366 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- GANGTA District- Munger ====================================================== Munna Kumar @ Munna Yadav Son of Babulal Yadav R/o vill - Jamghat, P.S. - Gangta, Distt. - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Singh, Advocate For the Opposite Party/s :
Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-01-2024 Heard Mr. Manoj Singh, learned counsel appearing on behalf of the petitioner and Mr. Umesh Lal Verma, learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with Gangta P.S.Case No.182 of 2023, registered for the offences punishable under Sections 341, 323, 324, 307, 385, 379, 504 and 506/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, own brother of the petitioner is the informant and the allegation against the petitioner is of assaulting on the head of the informant with an intention to kill him.
4. Learned counsel appearing on behalf of the petitioner submitted that the informant had assaulted the father of the petitioner. Petitioner and the informant are full brothers.
Patna High Court CR. MISC. No.1366 of 2024(2) dt.31-01-2024 2/3 There is case and counter case between the parties due to the land dispute. Father of the petitioner had lodged an FIR bearing Gangta P.S.Case No.181 of 2023 before the informant lodged Gangta P.S.Case No.182 of 2023 on 15.09.2023. On these grounds, learned counsel for the petitioner seeks that the petitioner be released on pre-arrest bail
5. Learned APP for the State has submitted that the Doctor has reported that the injury is near to grievous, as such the petitioner does not deserve to be released on pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as the, considering the nature of allegation made in the FIR, there is case and counter case between the parties and it appears that the petitioner in his selfdefence may have caused injury to the informant, which is lacerated wound in nature on the head of the informant in his self-defence without any intention and subsequent to the case lodged by the father of the petitioner, in which the informant has been made accused, who is his own son and full brother of the petitioner. I am inclined to enlarge the petitioner on pre-arrest bail. The petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing
Patna High Court CR. MISC. No.1366 of 2024(2) dt.31-01-2024 3/3 bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Munger in connection with Gangta P.S.Case No.182 of 2023 subject to conditions as laid down under Section 438(2) of the Cr.P.C.
7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U