Patna High CourtCR. MISC./27956/2016rejected

Amrendra Kumar @ Tuntun Rai v. The State Of Bihar

2016-09-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27956 of 2016 Arising Out of PS.Case No. -438 Year- 2015 Thana -MANER District- PATNA ====================================================== Amrendra Kumar @ Tuntun Rai, Son of Sri Ram Babu Prasad Yadav, Resident of Village- Moh:- Tata Colony, P.S.- Maner, District-Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar Singh, Advocate.

For the Opposite Party : Mr. Anil Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2016 Heard both sides.

The petitioner apprehends his arrest in Maner P.S. Case No. 438 of 2015 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case due to dispute arose in the partnership business. The informant, himself, a muscle man. The petitioner was always demanding Rs. 1,00,000/- which was lying due against the informant and that is why this false case has been lodged.

On the other hand learned APP vehemently opposed the prayer for anticipatory bail and alleged that the petitioner and

Patna High Court Cr.Misc. No.27956 of 2016 (3) dt.30-09-2016 2/2 others came on a scorpio and on motorcycles made indiscriminate firing. Amrendra Kumar @ Tuntun Rai and Horil Rai @ Nagendra Rai also fired and the informant sustained two firearm injuries. During course of investigation, it has come in paragraph - 11 of the case diary that the firing made by the petitioner hit the informant. The petitioner has got criminal antecedent. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T