The court granted regular bail to the petitioner in a case involving offences under Sections 341, 323, 324, 307, 325, 354, 379, and 504/34 IPC, considering the period of custody and submission of bail bonds.
Regular bail granted on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7711 of 2023
Arising Out of PS. Case No.-460 Year-2022 Thana- SUGAULI District- East Champaran
======================================================
MUNNA KUMAR SAHANI SON OF LATE RAMAKANT SAHANI R/O VILLAGE- MUSWA, P.S.- SUGAULI, DISTRICT- EAST CHAMPARAN
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Anuj Kumar Shrivastava ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 19-06-2023
Heard learned counsel for the petitioner, informant and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 307, 325, 354, 379, 504/34 of the Indian Penal Code.
The allegation against the petitioner along with others is of assaulting the brother of the informant namely, Birbal Sahani due to which he sustained injuries.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity. He has committed no offence. The petitioner and the informant are agnates and dispute over a portion is going on and on result of which the petitioner has been falsely implicated in this case. Petitioner is said to have assaulted by
Patna High Court CR. MISC. No.7711 of 2023(3) dt.19-06-2023 2/2
means of farsa but the doctor has found injuries are caused by hard and blunt object. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 04.12.2022.
The application for bail is opposed by learned APP for the State and learned counsel for the informant.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari in connection with Sugauli P.S. Case No. 460 of 2022.
(Sunil Kumar Panwar, J)
arish/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in view of the allegations and period of custody?
1 provisions across 1 enactments
MUNNA KUMAR SAHANI
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
