Mukesh Kunwar @ Mukesh Kumar @ Hira Kunwar @ Hira @ Hira Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13636 of 2022 Arising Out of PS. Case No.-57 Year-2020 Thana- BIHPUR District- Bhagalpur ====================================================== Mukesh Kunwar @ Mukesh Kumar @ Hira Kunwar @ Hira @ Hira Kumar S/o Late Abdesh Kumar @ Late Abdesh Kunwar R/o Village- sonbarsa Barghari Tola, P.S.- Bihpur, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Bihpur P.S. Case No.57 of 2020, registered for the offences punishable under Sections 147, 148, 149, 302, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner, who is own brother of the informant, is said to have ordered to kill the son of the informant. Thereafter co-accused, Gunjan Kunwar fired upon the son of the informant. Co-accused, Ankit Kumar assaulted the son of the informant by means of axe.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.13636 of 2022(2) dt.04-08-2022 2/2 present case. It is further submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is submitted that the petitioner is only the order giver. It is also submitted that Gunjan Kunwar fired upon the son of the informant and Ankit Kumar assaulted the deceased by means of axe.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Considering the facts that petitioner is order giver and he has got no criminal antecedent, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st, Naugachia, District Bhagalpur in connection with Bihpur P.S. Case No.57 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T