Munni Singh Vs. the State of Bihar - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.2515 of 2012 munni singh, son of saryu singh, resident of village- kanchanpur, police station- mohanpur, district- gaya. ..petitioner. versus the state of bihar opposite party. ---------------------------------- 2.19. 01. 2012. heard learned counsel for the petitioner and learned counsel for the state. the petitioner is apprehending his arrest in connection with barachatti mohanpur p.s. case no. 238 of 2011 registered under section 307 and other allied sections of indian penal code. there is allegation that 14 persons including the petitioner armed with gun, lathi and danda surrounded the informant and assaulted him and it has also been alleged that one jitendra kumar singh fired from his fire arm causing injury of one ram swarup manjhi, the brother of the informant and other accused sepahi paswan and rajesh manjhi have assaulted with lathi and danda to kill them. however, the petitioner has been named as a member of unlawful assembly. however, there is no specific overt act against him and similarly situated co- accused has been granted bail by the court below. 2 having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from today, the petitioner shall be enlarged on bail on furnishing bail bond of rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the s.d.j.m., sherghati, gaya, in connection with barachatti (mohanpur) p.s. case no. 238 of 2011, subject to the conditions as laid down under section 438 (2) of cr.p.c. and further condition that if the charge sheet is submitted then petitioner shall be surrendered and prayed for regular bail. m.p. ( gopal prasad, j.)

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2515 of 2012 Munni Singh, son of Saryu Singh, resident of Village- Kanchanpur, Police Station- Mohanpur, District- Gaya. ..Petitioner. Versus The State of Bihar Opposite Party. ---------------------------------- 2.

19. 01. 2012. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with Barachatti Mohanpur P.S. Case No. 238 of 2011 registered under Section 307 and other allied Sections of Indian Penal Code. There is allegation that 14 persons including the petitioner armed with gun, lathi and danda surrounded the informant and assaulted him and it has also been alleged that one Jitendra Kumar Singh fired from his fire arm causing injury of one Ram Swarup Manjhi, the brother of the informant and other accused Sepahi Paswan and Rajesh Manjhi have assaulted with lathi and danda to kill them. However, the petitioner has been named as a member of unlawful assembly. However, there is no specific overt act against him and similarly situated co- accused has been granted bail by the court below. 2 Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from today, the petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sherghati, Gaya, in connection with Barachatti (Mohanpur) P.S. Case No. 238 of 2011, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. and further condition that if the charge sheet is submitted then petitioner shall be surrendered and prayed for regular bail. m.p. ( Gopal Prasad, J.)