Munna Singh @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8252 of 2018 ====================================================== Munna Singh @ Munna Kumar, Son of Satyendra Prasad Singh, Resident of Village + P.O.- Bhelai, P.S.- Udwant Nagar, District- Bhojpur, Ara. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sumit Kumar Jha, Advocate. For the informant : Mr. Navin Sharma, Advocate. Mr. Sunil Kumar, Advocate.

For the Opposite Party/s : Smt. Anita Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner apprehends his arrest in Marhowrah P.S. Case No. 364 of 2017 instituted for the offence under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that besides conspiracy there is no any allegation of overt act against the petitioner.

Learned counsel for the informant has appeared and submitted that petitioner has been arrested during pendency of this application in other case and he is in custody. Therefore, this anticipatory bail is fit to be rejected.

Patna High Court Cr.Misc. No.8252 of 2018 (4) dt.05-04-2018 2/3 In the written report the allegation against the petitioner is that he was working as agent for the employment in Army. It is alleged that he was arrested for the offence of forgery in connection with BSSC examination. The informant was also working as Agent for employment in Army. The petitioner believed that Jitendra Singh (since deceased) had played vital role in his arresting and for that, petitioner along with other accused persons after hatching conspiracy, got murdered Jitendra Singh, after calling him in Hotel.

Learned counsel for the petitioner has submitted that in the First Information Report there is specific allegation against co-accused Firoz Rai @ Devendra Prasad of firing with pistol on brother of the informant, due to which, he died. Learned A.P.P. has submitted that informant has taken the name of this petitioner in his further statement made in paragraph-35 of the case diary as having been present at the time of occurrence.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and

Patna High Court Cr.Misc. No.8252 of 2018 (4) dt.05-04-2018 3/3 make prayer for regular bail which will be disposed off by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T