Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49617 of 2015 Arising Out of PS.Case No. -384 Year- 2013 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Munna Kumar S/o Binda Rai of village- Mathiya Bhopat, P.s Lakhaura, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-11-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and section 27 of the Arms Act.

The prosecution case is that co accused Arun Kumar Yadav shot at the father of the informant when co accused Shiv Shankar Prasad pointed pistol on the informant and asked him to run away, thereafter co accused Bhagirath Prasad Yadav ordered to kill the informant also on which co accused Laxmi Prasad Yadav resorted to fire but it did not hit the informant. It is further alleged that this petitioner who was standing there, asked the accused persons to kill the informant otherwise he would disclose

Patna High Court Cr.Misc. No.49617 of 2015 (2) dt.06-11-2015 2/2 the name of all the accused persons. On alarm being raised by the informant the accused persons escaped from the scene. It is submitted by the learned counsel for the petitioner that the overt act has not been alleged against the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran at Motihari in connection with Ghorasahan (Lakhaura) P.S. Case No.384 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T