Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86313 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- CHAORI District- Bhojpur ====================================================== MUNNA SINGH (Male), aged about 28 years, Son of Late Tengar Singh Resident of Village- Yogakharaicha Dihari Tola, P.S.- Chauri, DistrictBhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta,Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 34 of the Indian Penal Code later on, Section 302 of the IPC was also added.

Informant has alleged that on 13.05.2019 at 12:00 P.M. in the night, he came to know that some dispute arose between his nephew and Nitish Kumar so he went to solve the dispute but in the way, all F.I.R. named accused persons including the petitioner started abusing and in the meantime, accused Gita Devi came and ordered to kill him upon which all the accused started assaulting then his brother Yogendra Singh

Patna High Court CR. MISC. No.86313 of 2019(2) dt.17-01-2020 2/3 came to rescue him upon which the accused persons also assaulted his brother who died during treatment. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to previous dispute. There is general and omnibus allegation against the petitioner. Similarly placed co-accused has been granted bail by co-ordinate bench of this court vide order dated 02.12.2019 passed in Cr. Misc. No. 78282 of 2019. Petitioner has no criminal antecedent and is in custody since 16.07.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Chauri P.S. Case No. 72 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.86313 of 2019(2) dt.17-01-2020 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T