Mannu Kumar @ Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24122 of 2019 Arising Out of PS. Case No.-793 Year-2018 Thana- BIHTA District- Patna ====================================================== MANNU KUMAR @ RAJNISH KUMAR Son of Late Ramchandra Rai @ Late Ramchander Rai Resident of Village- Mustafapur, P.S.- Bihta, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner, informant and the learned APP for the State.

The petitioner seeks bail in Bihta P.S. case no. 793 of 2018 instituted for the offence under Section 147,148,149, 448 and 302 of the IPC and Section 27 of the Arms Act. This is a very serious crime committed by the accused persons.

In the written report, it is alleged that while the informant was sleeping with his family members at about 12. 15 hours he woke up on the sound of khat khat and saw in the electric light that petitioner who is brother-in-law of son of the deceased and other accused persons as named in the written report, entered into his house and when the informant asked

Patna High Court CR. MISC. No.24122 of 2019(7) dt.17-07-2019 2/3 from them as to why they have entered into his house, they told that you have grabbed the entire amount of pension so you would not be alive and no pension would be granted. It is further alleged that when the mother of informant told that she is ready to give the share of pension, in the meantime, on the order of brother-in-law of son of deceased, namely, Munna Kumar co-accused Awadhesh Kumar ( son of deceased) fired from his pistol in the kanpatti of his father. It is further alleged that wife of Awadhesh Kumar, namely, Phool kumari Devi caught hold her mother -in- law and Munna Kumar ( petitioner) fired shot with his pistol in the neck of mother of informant which hit in her neck and the bullet passed away from back side. It is further alleged that father and mother of informant died on the spot.

Case diary has been received. Postmortem report of deceased is available in the case diary.

Learned counsel for informant has submitted doctor has found firearm injury on the neck of the deceased in the postmortem report. The doctor has found firearm injury on the neck below thyroid cartilage.

Therefore, keeping in view the serious allegation against this petitioner, this Court is not inclined to grant bail to

Patna High Court CR. MISC. No.24122 of 2019(7) dt.17-07-2019 3/3 petitioner. Accordingly, prayer for bail of petitioner stand rejected, at this stage.

Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of one year from the date of receipt of copy of this order.

(Sanjay Priya, J) shyambihari/- U T