Manish Jha @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29060 of 2018 Arising Out of PS. Case No.-174 Year-2018 Thana- KHAZANIHAT District- Purnia ====================================================== Manish Jha @ Manish Kumar, Son of Kartik Kumar Jha, Resident of Mohalla- Sarswati Nagar, P.S. K. Hat( Madhubani), District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh For the Opposite Party/s :

Mr. Smt. Veena Rani Prasadd.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with K. Hat (Madhubani) P.S. Case No. 174 of 2018 registered under Sections 341, 323, 324 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that four persons named in the F.I.R. including the petitioner and 12 to 14 unknown persons having armed with weapons and country made pistols in their hands came at the door of the informant with an intention to kill him. At that time, Bikram Singh fired at the informant, but the informant save himself laying on the ground. When Chatrunand, brother of the informant, rushed to save the informant then Rahul Singh opened fire at him, which passed touching his head. Thereafter, all caused injury to the

Patna High Court Cr.Misc. No.29060 of 2018(2) dt.14-05-2018 2/2 informant and his brother through butt of the pistol and rod. Learned counsel for the petitioner submits that while the petitioner is named in the F.I.R., but specific allegation of making firing is against Bikram Singh and Rahul Singh. Further submission is that, in fact, occurrence took place due to land dispute, in which, petitioner's side also sustained injury, regarding which, K. Hat (Madhubani) P.S. Case No. 175 of 2018 is instituted on the basis of written report of Madhumala Devi, mother of co-accused, Bikram Singh. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with K. Hat (Madhubani) P.S. Case No. 174 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T