Munna Kumar @ Chun- Mun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11323 of 2020 Arising Out of PS. Case No.-123 Year-2019 Thana- CHANDAUTI District- Gaya ====================================================== Munna Kumar @ Chun- Mun Kumar Son of Rohit Yadav Resident of Village - English, P.S.- Chandauti, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lilawati Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

27-08-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Chandauti P.S. Case No. 123 of 2019 registered for the offence under Sections 341, 323, 307, 325, 379, 504/34 of the Indian Penal Code and later on, Section 302 of the I.P.C. was also added. As per prosecution case, while the informant was returning with his friend Ajit Kumar after attending a marriage ceremony, petitioner alongwith other 10-12 accused persons stopped and surround them with lathi and they brutally assaulted informant and his friend, and as such, they got serious injuries and later on, during course of treatment, Ajit Kumar died.

It is submitted on behalf of petitioner that petitioner is

Patna High Court CR. MISC. No.11323 of 2020(3) dt.27-08-2020 2/2 innocent and has committed no offence. There is general and omnibus allegation. There is no specific allegation of assault against petitioner. Petitioner has no criminal antecedent. However, learned A.P.P. for the State has vehemently opposed the prayer for bail and submitted that there is direct allegation against the petitioner, who was identified by the informant during occurrence.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition stands rejected.

(Prabhat Kumar Singh, J.) anay U T