Anit Kumar @ Munchun Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2696 of 2017 Arising Out of PS.Case No. -353 Year- 2013 Thana -SARAI RANJAN District- SAMASTIPUR ====================================================== Anit Kumar @ Munchun Singh, Son of Nand Kishore Singh, resident of Village- Ahamadpur, P.S.- Sarairanjan, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sujit Kumar Singh For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Sarairanjan P.S. Case No. 353 of 2013 for the offences punishable under sections 399, 402 and 307 of the I.P.C and section 27 of the Arms Act. Allegedly, 5-6 unknown miscreants on three motorcycles came at the house of Nand Kishore Singh and were making plan to commit dacoity. They drink wine and were smoking cigarette. In the meantime, the miscreants injured one of his associate who was sent for treatment to Sarairanjan Primary Health Centre but the family members of the injured took away the injured to Ahiyapur, Muzaffarpur for his treatment. Submission is of false implication and that the
Patna High Court Cr.Misc. No.2696 of 2017 (3) dt.15-02-2017 2/2 petitioner is not named in the FIR, his name has come in the fardbeyan of injured Kushesh Kumar that the petitioner, Pius and Chiku @ Maya were bringing the injured on a cot but seeing the police party they fled away after leaving the injured, no one villager has taken the name of the petitioner and as such the petitioner deserves sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.
In the facts and circumstances as stated above, considering that the name of the petitioner has come that he was also involved in making the planning to commit dacoity and as such I am not inclined to enlarge the petitioner on anticipatory bail and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of Sri Shankesh Chandra, A.C.J.M- V, Samastipur.
However, if the petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered on its own merits without being prejudiced by the order of this Court. (Jitendra Mohan Sharma, J) Abhay/- U T