Mannu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.25963 of 2020 Arising Out of PS. Case No.-568 Year-2019 Thana- DIGHA District- Patna ====================================================== MANNU KUMAR Son of Vrijnandan Rai @ Brijnandan Rai Resident of Jahajgali Digha, P.S.- Digha, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Adv.

For the Opposite Party/s :

Mr.Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2020 Heard learned counsel for the petitioner and Mr. Shakir Ahmad, learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Digha P.S. Case No.568/2019 registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. Learned counsel submits that the petitioner has no role to play in killing of the deceased Ravi Kumar Pal. It is submitted that the specific allegation of firing upon the deceased is against co-accused Vishal Kumar. It is also submitted that the petitioner has no criminal antecedent and he

Patna High Court CR. MISC. No.25963 of 2020(5) dt.16-12-2020 2/2 has been dragged in this case without there being any material against him.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it has come in course of investigation that this petitioner had conspired along with others to kill the deceased Ravi Kumar Pal because he had apprehension that the said Ravi Kumar Pal had taken the mobile phone of this petitioner and further material appearing from the record that this petitioner had involved the deceased in talking and in the meantime his brother Vishal Kumar had fired on the deceased with his pistol which ultimately proved fatal and said Ravi Kumar Pal died, in the nature of the materials on the record, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer is refused.

This application is dismissed.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.