Munna Kumar @ Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37029 of 2020 Arising Out of PS. Case No.-54 Year-2020 Thana- DANIYAWAN District- Patna ====================================================== 1.

Munna Kumar @ Munna Yadav, aged about 30 years (Male), Son of Jatan Yadav, Resident of Village - Thegua, Police Station - Fatuha, District - Patna.

2.

Rukesh Prasad @ Rukesh Yadav, aged about 50 years (Male), Son of Late Soharai Singh @ Battu Yadav, Resident of Village - Thegua, Police Station - Fatuha, District - Patna.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Anil Kumar, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-04-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioners and learned A.P.P. for the State through Virtual mode.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 149, 341, 323, 307, 379 of the I.P.C. and 27 of the Arms Act. The prosecution story, in brief, is that the petitioners alongwith other co-accused persons after having formed

Patna High Court CR. MISC. No.37029 of 2020(2) dt.17-04-2021 2/3 unlawful assembly being armed with weapon, assaulted the informant caused injury by firearms with intention to kill and also snatched Rs. 5,000/-.

It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. As per the F.I.R. (Annexure-3), it is alleged that both the petitioners have fired upon the victim Lalmuni Yadav and caused injury to him. From perusal of injury report (Annexure-2), it appears that the nature of injury is said to be simple and the said injury is said to have been caused by heavy substance. The injury report does not corroborate the allegation made in the F.I.R. (Annexure-3). On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.37029 of 2020(2) dt.17-04-2021 3/3 City, Patna, in connection with Daniyavan P.S. Case No. 54 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T