Munna Kunwar And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 47575 of 2015 Arising Out of PS.Case No. -84 Year- 2015 Thana -FULWARIA District- GOPALGANJ ======================================================

1. Munna Kunwar S/o Achhaybar Kunwar.

2. Santosh Kunwar S/o Late Jagat Kishore Kunwar.

3. Achhaybar Kunwar, S/o Late Jagat Kishore Kunwar. All Resident of village- Harihara, P.S. Fulwaria, Dist.- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 30-10-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend arrest in Fulwaria P.S. Case No. 84 of 2015 dated 09.06.2015 instituted under Sections 341/342/323/307/326/506/34 of the Indian Penal Code.

The allegation against the petitioners is of assaulting the informant and keeping him confined in a room with the intention to kill.

Learned counsel for the petitioners submits that they have been implicated due to gang rivalry and that the petitioners were not ready to cooperate with the informant of implicating others resulting in such false implication. It is further submitted that the petitioners have been made accused in other cases but for that there are counter cases also and

Patna High Court Cr.Misc. No.47575 of 2015 (2) dt.30-10-2015 2/2 thus the petitioners have been targeted one after the other to somehow make them accused in a criminal case with ulterior motive.

Learned A.P.P.

opposes the prayer for anticipatory bail and submits that besides the allegation of assault with intention to kill, the informant was recovered by the police from the room of the petitioners in which firm arms have also been recovered. It is further submitted that the informant was recovered in an injured condition and that the petitioners also carry criminal antecedent.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioners on anticipatory bail.

The application, accordingly, stands dismissed. However, in the event the petitioners surrender and pray for regular bail before the Court below, the same shall be considered on its own merits without being prejudiced by the present order.

(Ahsanuddin Amanullah, J.) P. Kumar U T