Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17537 of 2023 Arising Out of PS. Case No.-30 Year-2022 Thana- HARINMAR District- Munger ====================================================== MUNNA SINGH SON OF NEKO SINGH R/O VILL.- RAITA, P.S.- HARINMAR, DISTT.- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Harinmar PS case no. 30 of 2022, registered for the offences punishable under Section 307/34 of the Indian Penal Code and Section 27 of Arms Act. The case of the prosecution in brief is that when the informant was harvesting his maize crops and was standing in the adjacent field of Mangan Pandit, at about 6.30 pm, on the alleged date and time of occurrence, two persons i.e. the petitioner herein and one Indal Singh had arrived there on a mare and then the said Indal Singh had fired on the chest of the informant but the informant sustained firearm injury on his left arm, whereafter the petitioner had also fired on the informant, resulting in the informant sustaining firearm injury

Patna High Court CR. MISC. No.17537 of 2023(2) dt.25-05-2023 2/3 on his left arm, whereafter the informant had fallen down on the ground and subsequently, he was taken to the hospital for treatment.

The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that the injury, whatsoever, is not on the vital part of the body of the informant, hence the petitioner can be granted the privilege of anticipatory bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that specific allegation has been levelled against the petitioner of having fired gun shots on the informant, resulting in the informant being inflicted with gun shot injuries, which also stands corroborated from the injury report, as is apparent from the impugned order dated 01.02.2023, prima facie, a case is definitely made out against the petitioner for the offences

Patna High Court CR. MISC. No.17537 of 2023(2) dt.25-05-2023 3/3 alleged, hence, I am not inclined to grant anticipatory bail to the petitioner herein, accordingly, the present petition stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T