Murari Singh @ Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42665 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Murari Singh @ Murari Kumar S/O Sachidanand Singh R/O Village- Itwa Dumri, Nala Road, P.S- Muffasil (Singhaul O.P), Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 07 of 2023 registered for the offences punishable under Sections 341, 323, 385, 307, 504 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that on 02.01.2023, the named accused persons including the petitioner and one unknown came to his house and started demanding extortion, it is next alleged that on account of nonpayment of the extortion money, the petitioner fired upon the

Patna High Court CR. MISC. No.42665 of 2023(2) dt.09-08-2023 2/3 informant which hit his Swift Dzire car, it is next alleged that earlier on 12.12.2022 also, the accused persons had demanded money by way of extortion on which the informant had refused and the accused persons had assaulted him causing injury on his head.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that though it has been alleged that on 12.12.2022, extortion was demanded but then no FIR was instituted, it is further submitted that the accused petitioner and the informant are next door neighbourers and are having land dispute and this fact has been concealed in the FIR in order to give an impression that the accused persons are criminals, they came and were demanding extortion, it is thus submitted that the FIR has been instituted only with a view to falsely implicate the petitioner along with others. Learned counsel further submits that if the petitioner had any intention of killing the deceased then he would have fired at him, it is further submitted that though the informant has alleged that firing was made at him but the fire missed and hit the car but then the second attempt was always there, it is also submitted that it appears that the informant with a view to falsely implicate the petitioner created

Patna High Court CR. MISC. No.42665 of 2023(2) dt.09-08-2023 3/3 evidence against him for getting implicated, it is next submitted that petitioner and the informant are neighbourers would also manifest from the fact that address of the petitioner and the informant are the same.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Muffasil P.S. Case No. 07 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T