Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33587 of 2022 Arising Out of PS. Case No.-773 Year-2021 Thana- DANAPUR District- Patna ====================================================== MONU KUMAR S/o Late Prabhu Prasad @ Prabhu Ray Rj/o Ram Nagar, Police Colony, P.S.- Danapur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 326, 307, 504/34 of the IPC and 27 of the Arms Act.

Allegedly, the FIR named accused persons including the petitioner dragged the informant to Ram Nagar Chowk and started assaulting the informant. Friend of petitioner namely one Mukesh with an intention to kill fired upon the informant but somehow, he saved himself and escaped.

Patna High Court CR. MISC. No.33587 of 2022(2) dt.15-09-2022 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the coaccused Mukesh Kumar to fire upon the informant. Petitioner has one criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since specific allegation is against other accused, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Danapur P.S. Case No.773/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T