Md. Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24230 of 2021 Arising Out of PS. Case No.-624 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Munna Son Of Md. Yunus R/O Village- Isopur, P.S.- Phulwari Sharif, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Manoj Kumar, Mr. Alok Kumar Alok, Advocates For the Opposite Party :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-02-2022 The matter is being heard through video conferencing due to circumstances prevailing on account of Covid-19 pandemic.

Heard the parties.

The petitioner apprehends his arrest in connection with Phulwari Sharif P.S. Case No.624 of 2020 registered for the offences under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Considered the submissions of the parties. The injured victim was assaulted by FIR named accused persons including the petitioner.

It has been submitted by learned counsel for the petitioner that there is general and omnibus allegation of assault and, therefore, the petitioner is entitled for anticipatory bail. Learned APP for the State has submitted that the

Patna High Court CR. MISC. No.24230 of 2021(5) dt.01-02-2022 2/2 victim has sustained injuries including one grievous injury and in a case of general assault by a large number of persons, it is not possible for the victim to assign specific role to each and every assailant.

Considering the submissions of the parties and injuries sustained by the injured, I am not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail is hereby rejected.

Petitioner is directed to surrender within four weeks from today. If on surrendering, the petitioner prays for regular bail before the court below within the aforesaid period, the court below will consider the petition for regular bail of the petitioner on its own merit without being prejudiced by the fact that anticipatory bail petition has been rejected by this Court. The court below will also consider the fact that other similarly situated accused persons have been granted regular bail in this case.

With the aforesaid observation and direction, this application is dismissed.

(Sandeep Kumar, J) BT/- U T