Munna @ Munna Sonar @ Munna Kumar Sony v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56133 of 2015 Arising Out of PS.Case No. -253 Year- 2015 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Munna @ Munna Sonar @ Munna Kumar Sony Son of Shiv Nath Sonar @ Shiv Nath Mistry @ Sri Niwas Sonar, Resident of Mohalla - Anadnagar,P.S. Ara Town, District - Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar, Adv. For the Opposite Party/s : Mr. Jharkhandi Upadhyay (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Ara Town P.S. Case No. 253 of 2015 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

It has been contended that the main assailant of the deceased is co-accused Jitendra Kumar @ Mithai and the petitioner was simply a member of the unlawful assembly. On the other hand, learned counsel for the State has contended that the accused persons in conspiracy with each other attacked upon the brother of the informant. They all indiscriminately fired upon him and the firing made by co-

Patna High Court Cr.Misc. No.56133 of 2015 (2) dt.15-12-2015 2/2 accused Jitendra Kumar @ Mithai hit him resulting into his death in course of treatment.

Regard being had to the premeditated murder of Mukesh Yadav @ Vicky, brother of the informant, I am not inclined to grant bail to the petitioner even though the shots fired by him did not hit the deceased. Accordingly, the application is rejected.

(Ashwani Kumar Singh, J) Pradeep/- U T