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Patna High CourtCR. MISC./33605/2020bail granted

Munna Singh v. The State Of Bihar

2021-03-15Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33605 of 2020 Arising Out of PS. Case No.-247 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== 1.

MUNNA SINGH S/o Late Satya Narayan Singh R/o village- Sadullahpur, P.S.- Ramgarh, District- Kaimur (Bhabhua) 2.

MUNNA SINGH S/o Late Nanhaku Singh R/o village- Sadullahpur, P.S.- Ramgarh, District- Kaimur (Bhabhua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogendra Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwari-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-03-2021 Heard Mr. Yogendra Kumar, learned Advocate for the petitioners and Mr. Sanjay Kumar Tiwari-I, learned APP for the State.

The two petitioners with the same name have approached this Court for grant of anticipatory bail in connection with Ramgarh P.S. Case No. 247 of 2019 dated 09.10.2019 instituted for the offences under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation in the FIR is that the petitioners and others tried to snatch the motorcycle of the informant and his associate while they were coming back to their village home after watching Durga Puja celebrations in the neighbouring village. When the

Patna High Court CR. MISC. No.33605 of 2020(2) dt.15-03-2021 2/3 identity of the accused persons was located by the informant, they are said to have threatened the informant of dire consequences in case the matter was reported to the police. Firing also was done in order to prevent the informant and his associate from going to the police station to report about the matter. Learned counsel for the petitioners has submitted that nothing specific has been attributed against them and they are only said to be the members of the mob. Apart from this, it has been submitted that there is a reason behind the false implication of the petitioners and others. The nephew of the informant had earlier been made accused in a case lodged by coaccused Yogendra Singh in which the nephew of the informant was acquitted.

However, the criminal appeal against the aforesaid order of acquittal has been admitted. This had angered the prosecution side and they attacked the house of aforesaid Yogendra Singh for which a case was filed by the wife of aforesaid Yogendra Singh. In order to save his own life, Yogendra Singh had resorted to firing to scare away the unruly crowd.

Patna High Court CR. MISC. No.33605 of 2020(2) dt.15-03-2021 3/3 arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on their furnishing bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Ist, Bhabua (Kaimur) in connection with Ramgarh P.S. Case No. 247 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T