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Patna High CourtCR. MISC./49026/2024dismissed

Manoranjan Kumar v. The State Of Bihar

2024-10-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49026 of 2024 Arising Out of PS. Case No.-148 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Manoranjan Kumar Son of Vijay Ram @ Vijay Kumar Resident of VillMedinipur, P.S.- Sasaram (M), District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP For the Informant :

Mr. Babu Nandan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-10-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is in custody in connection with Sasaram (M) P.S. Case No. 148 of 2024 for the offence under Sections 394, 34 of the Indian Penal Code and Section 27 of the Arms Act and later on added section 302 of the I.P.C. lodged on 25.03.2024 by the informant, Alok Kumar Singh.

3. As per the prosecution story, the informant alleged that his brother went to shop in the morning and in the evening after giving information that he is returning home after closing the shop. However, later the villagers informed that there has been a firing in which his brother has sustained injury. They rushed to the clinic of Dr. Chitranjan Singh from where he was

Patna High Court CR. MISC. No.49026 of 2024(4) dt.21-10-2024 2/3 brought to N.M.C.H. Jamuhar. The injured informed the informant about the incident that the accused persons intercepted his motorcycle, demanded cash, mobile and also the bag containing laptop and upon protest, they opened fire causing injury. His brother died in course of treatment. Accordingly, the FIR.

4. It is to be noted that while escaping, the accused have faced the crowd of the cows, they felled from the motorcycle and wanted to escape. One of the accused Vishnu Kumar was caught by the locals, handed over to the police and later, he was treated in the hospital. He spilled the beans in which it has come that three accused persons tried to snatch the motorcycle and other belongings of the deceased and in the process, opened fire which proved fatal. So far as this petitioner is concerned, he was working as the liner in the matter informing the other accused about the movement of the deceased.

5. Though learned counsel for the petitioner tried to impress upon this Court regarding innocence showing that he do not have criminal antecedent and the tower location does not justify his implication, learned counsel for the informant has taken this Court to paragraph 62 to show that he was in regular

Patna High Court CR. MISC. No.49026 of 2024(4) dt.21-10-2024 3/3 conversation with the accused persons between the period incident took place.

6. Considering the aforesaid facts and also that in such snatching, the accused immediately opened fire causing death of an innocent person who was returning home. The petitioner being a liner, played an important role in the matter, this Court is not inclined to extend him any relief.

7. Accordingly, the bail application stands rejected. (Rajiv Roy, J) Amandeep/- U T