Mannu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31780 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Mannu Kumar, Son of Sri Sita Ram Singh, resident of Village Sakh Mohan, P.S. Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiv Kumar, Adv. For the Opposite Party/s : Mr. Sri Ashok Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehend his arrest in connection with Bibhutipur P.S. Case No. 72 of 2017 registered for the offences punishable under Sections 302 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits that on perusal of the F.I.R., it appears that the alleged occurrence have taken place when a dispute arose between the informant and the accused Kisan Kumar Singh @ Dhanno Singh. Thereafter, it is alleged that the accused persons came at the house of the informant and one Chinku Singh fired from the pistol on daughter of the informant who died later on. Learned counsel further submits that so far as the present petitioner is concerned there is no other allegation against him save and except that he is said to be a member of the mob who fled away and the informant identified him. He submitted that at best he may be said to be a member of the unlawful mob. The petitioner has got no

Patna High Court Cr.Misc. No.31780 of 2017 (2) dt.13-07-2017 2/2 criminal antecedent.

Learned APP opposes the prayer for bail however excepts factual position as appearing in the FIR., that there are specific allegation against Kisan Kumar Singh and Chinku Singh.

In the facts and circumstances of the case, there is no specific allegation against the petitioner, thus in the event of his arrest or surrender before the court below within four weeks, from today, the petitioner be enlarged on bail on furnishing bail bond in the sum of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate-IV Samastipur, Rosera in connection with Bibhutipur P.S. Case No. 72 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. The petitioner shall immediately join investigation and shall report to the Investigating Officer within a week and thereafter as and when required to conclude the investigation at the earliest. (Rajeev Ranjan Prasad, J) siddharth/- U T