Patna High CourtCR. MISC./67689/2018dismissed

Munnu Kumar @ Rahul v. The State Of Bihar

2018-11-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67689 of 2018 Arising Out of PS. Case No.-74 Year-2018 Thana- BELSAND District- Sitamarhi ====================================================== Munnu Kumar @ Rahul S/o Shobha Prasad @ Munindra Kumar, Resident of Village- Pandrahi, Police Station- Belsand, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhubala Verma For the Opposite Party/s :

Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-11-2018 The petitioner seeks regular bail in connection with Belsand P.S. Case No. 74 of 2018, registered for offences punishable under Sections 341, 307, 504, 506 and 34 of the Indian Penal Code.

Allegation as per F.I.R. is that while the mother of informant was coming to her house, the petitioner ordered to kill her on which, co-accused Nunu Kumar fired on her. Thereafter, she fell down and other accused persons assaulted her. Apart from that it appears that petitioner is an accused in seven other cases.

It has been submitted on behalf of the petitioner that the F.I.R itself shows that the petitioner is not the assailant and he has falsely been made accused as he was witness in a case

Patna High Court Cr.Misc. No.67689 of 2018(2) dt.28-11-2018 2/2 against informant. Further he has been in judicial custody since 17.07.2018.

Learned counsel for the State opposed the prayer for bai..

Having heard both sides, considering the facts and circumstances of the case as well as the criminal antecedents of the petitioner, at this stage, I am not inclined enlarge the petitioner on bail. However, once the charge is framed, the petitioner may renew his prayer for bail in the Court below itself, which will be considered by the court below on the basis of materials available on record at that time. This application is accordingly dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T