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Patna High CourtCR. MISC./34312/2018dismissed

Munna Kumar @ Munna Saw v. The State Of Bihar

2018-08-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34312 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -PARSABAZAR District- PATNA ======================================================

1. Munna Kumar @ Munna Saw, Son of Surendra Prasad, Resident of Shekhpura, P.S.- Uphara, District- Aurangabad, At present Matha Road New Panchwati, P.S.- Danapur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Parsa Bazar P.S.Case no.35 of 2018 registered for offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

Petitioner is not named in the FIR and the allegation as per FIR is that the informant received information that his brother has been shot dead and it appears that on the confessional statement the name of the petitioner has transpired in this case. Submission of the learned counsel for the petitioner is that at that time he was in custody in connection with Bihta P.S. Case No.28 of 2018, as such he has been falsely implicated in this case. Heard learned A.P.P. also, who has opposed the prayer for

Patna High Court Cr.Misc. No.34312 of 2018 (3) dt.23-08-2018 2/2 bail stating that the petitioner is said to have worked as Liner and on his information, the deceased was killed. Moreover the petitioner is accused in three other cases also. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T