Munder Yadav @ Munna Kumar @ Munna Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37374 of 2020 Arising Out of PS. Case No.-485 Year-2019 Thana- GAURICHAK District- Patna ====================================================== Munder Yadav @ Munna Kumar @ Munna Rai, aged about 45 years, Male, son of Sri Rajendra Rai, Resident of Village- Jamanpura, P.S.- Gaurichak, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Udbhav, Advocate For the State :
Mrs.Indu Kumari Srivastava, A.P.P.
For the Informant : Mr. Mithilesh Kumar Upadhyay, Advocate Mr. Abhishek Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks bail in connection with Gaurichak P.S. Case No. 485 of 2019 registered for the offences punishable under Sections 341, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution story in brief is that one Ravish Kumar lodged his fardbeyan on 23.12.2019 at 7.00 A.M. at P.M.C.H., Patna before the S.H.O. of Gaurichak Police Station alleging therein interalia that the dispute is going on from him and Munder Yadav @ Munna Rai, Sigauli Rai, Kara Rai, Vijay Rai, Bhola Rai and Vijendra Rai with respect to a murder case
Patna High Court CR. MISC. No.37374 of 2020(4) dt.09-03-2021 2/3 and inspection of the school. For the said reason on 22.12.2019 at 5.00 P.M. when he had gone to school chowk for eating eggs, all of a sudden Kara Rai, Vijay Rai, Bhola Rai, Vijendra Rai caught hold him whereas Munger Rai resorted to firing upon him from the pistol causing injury on right temporal region, due to which he fell down. In the meantime, Sigauli Rai resorted firing from his pistol causing injury on right side of his back. Thereafter, aforesaid persons presuming him dead while resorting firing fled away. After that he was carried to P.M.C.H. for treatment where his treatment was going on. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. On perusal of the F.I.R.
, it is apparent that the petitioner had fired upon the victim. The petitioner resorted to firing from the pistol which hit at right temporal region of the informant due to which he fell down. Learned counsel for the petitioner further submits that the victim is admitted in P.M.C.H. but there is no any fire arm injury on the victim in the case diary.
Learned counsel for the informant submits that there is no better treatment in P.M.C.H., therefore, the victim moved another hospital. Petitioner is in jail custody since 20.08.2020. Learned A.P.P. for the State opposed the bail petition.
Patna High Court CR. MISC. No.37374 of 2020(4) dt.09-03-2021 3/3 In the facts and circumstances of the case, let the above named petitioner be enlarged on bail after framing of charge on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Patna City in connection with Gaurichak P.S. Case No. 485 of 2019.
(Anjani Kumar Sharan, J) Nasimul/- U T