Munna Kumar @ Munna Kumar Singh @ Munna Singh @ Fauji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28664 of 2021 Arising Out of PS. Case No.-176 Year-2020 Thana- BARH District- Patna ====================================================== MUNNA KUMAR @ MUNNA KUMAR SINGH @ MUNNA SINGH @ FAUJI S/O SACHITANAND SINGH R/O VILLAGE-SHAHRI, P.S-BARH, DISTRICT-PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parashuram Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-01-2022 Heard Mr. Ashhar Mustafa, learned Advocate for the petitioner and Ms. Renu Kumari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Barh P.S. Case No. 176 of 2020 dated 21.05.2020 instituted for the offences under Sections 341, 307, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is said to have fired from his weapon which hit the neck of the victim. This was done on the exhortation of his father.

Learned counsel for the petitioner has submitted that only two days prior to the occurrence, he had come back from duty of Army. He has falsely been implicated in this case.

In support of the aforesaid contention, learned counsel for the petitioner submits that during the period

Patna High Court CR. MISC. No.28664 of 2021(3) dt.20-01-2022 2/2 that the petitioner had moved for anticipatory bail in this case, the other accused persons were chargesheeted and were put to trial. The trial was concluded within a fortnight as no prosecution witness supported the case and all of them were declared hostile. In fact, some of the witnesses have gone on to state before the trial court that the accusation against the accused persons is absolutely false. Those accused persons have been acquitted and no appeal against the aforesaid acquittal is pending before the superior court.

Be that as it may, taking into account the accusation against the petitioner of firing from his weapon which hit the victim, I am not inclined to grant anticipatory bail to him.

The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the court below and seeks bail, the grounds noted above and the fact that the petitioner is serving in the Indian Army and that there could be a possibility of false implication, shall be taken into account and an order shall be passed without being prejudiced by the fact that the present petition on his behalf has not been entertained. (Ashutosh Kumar, J) krishna/- U T