Monu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24133 of 2022 Arising Out of PS. Case No.-30 Year-2021 Thana- DESARI District- Vaishali ====================================================== MONU KUMAR SINGH Son of Tej Narayan Singh Resident of Village - Hasanpur Juned (Alipur), P.S.- Mahnar, Distt.- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Desari P.S. Case no. 30 of 2021 instituted for the offence under Sections 304 and 326/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, while the informant's son was sitting at his betel shop, two miscreants came on motorcycle and started firing on him with intention to kill, which hit him on right panjari and for treatment he was taken to hospital then to PMCH, Patna.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.24133 of 2022(3) dt.29-11-2022 2/2 offence. Petitioner is not named in the FIR. During investigation, apprehended co-accused Pappu Kumar has taken the name of the petitioner in his confessional statement. Similarly situated co-accused Pappu Kumar has already been granted bail by a different co-ordinate Bench of this Court vide order dated 06.01.2022 passed in Cr. Misc. No. 37591 of 2021. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Desari P.S. Case no. 30 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge XVI-cum-ACJM XV, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U