Allowed¶21

Munna Rajwanshi v. The State of Bihar

Patna HC18 Mar 2024CR. MISC./15237/2024

Case brief

AI extract

What is this about?

Patna High Court; CR. MISC. No.15237 of 2024; decided 18-03-2024; Ramesh Chand Malviya, J.; bail granted; Munna Rajwanshi v. The State of Bihar; Rajgir P.S. Case No.-584 of 2023; District Nalanda; Sections 341, 323, 307 and 504/34 Indian Penal Code; assault with lathi and iron rod; intention to kill; order giver; no fatal injury; not present on the spot; clean antecedent; custody since 28.11.2023; case and counter case; impugned order dated 06.01.2024; bail bonds Rs.10,000; two sureties; CJM Nalanda at Biharsharif.

What did the court decide?

Release of the petitioner on bail in connection with Rajgir P.S. Case No.584 of 2023 upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned CJM, Nalanda at Biharsharif. ¶21

Munna Rajwanshi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner Munna Rajwanshi, an accused in Rajgir P.S. Case No.-584 of 2023 under Sections 341, 323, 307 and 504/34 of the Indian Penal Code, should be released on bail.

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Court's answer

On perusal of the first information report and the impugned order dated 06.01.2024, the court found that the petitioner is simply an order giver, nobody has received any fatal injury, he was not present on the spot despite having been made accused, he has got clean antecedents, and he is in custody since 28.11.2023.

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Ratio / Principle

In these circumstances, the court directed that the petitioner be released on bail in connection with Rajgir P.S. Case No.584 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned CJM, Nalanda at Biharsharif.

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Detailed headnote1 paragraphs

BAIL GRANTED — High Court of Judicature at Patna, Cr. Misc. No.15237 of 2024 (decided 18-03-2024), Ramesh Chand Malviya, J. Munna Rajwanshi, accused in Rajgir P.S. Case No.-584 of 2023 registered under Sections 341, 323, 307 and 504/34 IPC (alleged lathi and iron-rod assault on the informant and his family members with intention to kill), ordered released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda at Biharsharif. Grounds found on perusal of the FIR and the impugned order dated 06.01.2024: the petitioner was merely an order giver; nobody received any fatal injury; he was not present on the spot despite being made accused; he has clean antecedents; and he had been in custody since 28.11.2023. Counsel had also urged false implication and the existence of a case and counter case between the parties.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15237 of 2024

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Arising Out of PS. Case No.-584 Year-2023 Thana- RAJGIR District- Nalanda

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======================================================

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Munna Rajwanshi, Male, aged about 40 years, son of Late Kishori Rajwanshi Village- Dhamar Ps- Rajgir Dist- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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2 18-03-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in connection with Rajgir P.S. Case No.-584 of 2023 registered for the offence under Sections 341, 323, 307 and 504/34 of the Indian Penal Code.

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As per the allegation in the FIR, it is a case of assault upon the informant and his family members by means of lathi and iron rod with intention to kill them by the accused persons including the petitioner.

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Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that there is case and counter case between the parties and petitioner is in custody since 28.11.2023.

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Patna High Court CR. MISC. No.15237 of 2024(2) dt.18-03-2024 2/2

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Learned APP appearing for the State,

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opposes the prayer for bail of the petitioner.

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On perusal of the first information report and

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the impugned order dated 06.01.2024, it appears that the petitioner is simply an order giver and nobody has received any fatal injury and he was not present on the spot despite he has been made accused, he has got clean antecedent and he is in custody since 28.11.2023, in these circumstances, let the petitioner, above named, be directed to be released on bail in connection with Rajgir P.S. Case No.584 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Biharsharif.

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(Ramesh Chand Malviya, J)

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Brajesh Kumar/- U T

Munna Rajwanshi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Munna Rajwanshi v. The State of Bihar

Case brief

What is this about?

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What the court decided

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