Patna High CourtCR. MISC./11026/2020bail rejected

Manish Kumar v. The State Of Bihar

2020-08-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11026 of 2020 Arising Out of PS. Case No.-129 Year-2019 Thana- SULTANGANJ District- Bhagalpur ====================================================== MANISH KUMAR Son of Ramdhani Yadav Resident of Village - Thana Road, Bypass Sultanganj, P.S.- Sultanganj, Dist.- Bhagalpur ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.N.K.Agrawal, Sr. Adv and Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-08-2020 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner apprehends his arrest in a case registered for offence under section 307 and other allied sections of the IPC as well as under the 27 Arms Act. It is alleged that the petitioner and other accused persons went to the house of the informant and started firing on his family members. Fire opened by other accused persons caused fire arms injuries to the victims, whereas petitioner's shot misfired, whereupon he hit the butt of his pistol on the head of Ward Councilor Rakesh Kumar Ranjan who became senseless and fell down.

Learned counsel for the petitioner submits that in fact the injury caused by the petitioner on the head of the ward councilor has been found to be simple in nature (annexure 2). He submits that the false case has been lodged by the informant due to political rivalry to harass the petitioner and his family members.

Patna High Court CR. MISC. No.11026 of 2020(4) dt.26-08-2020 2/2 While opposing the prayer for bail, learned counsel for the State submits that there is allegation against the petitioner that he also fired at the ward councilor, though fortunately it did not hit him. Witnesses have also supported the prosecution case. Petitioner has got criminal antecedent. In view of the allegation against the petitioner as well as the fact that the petitioner has got criminal antecedent, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T