Manish Jha @ Manish Kr. Jha @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60243 of 2018 Arising Out of PS. Case No.-342 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== Manish Jha @ Manish Kr. Jha @ Manish Kumar, Son of Pawan Jha, Resident of Village- Anandipur, Police Station- Kahalgaon, DistrictBhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 307 of the Indian Penal Code. The prosecution case, in short, is that when the petitioner was taking out his pistol from his waist to demand ransom from a teacher, mistakenly the pistol was fired and hit the informant himself.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The real fact is that when the petitioner was asking money from one Manish Gupta, which he had earlier given to

Patna High Court Cr.Misc. No.60243 of 2018(4) dt.20-11-2018 2/2 Manish Gupta, he refused and fired upon the petitioner. In respect of the same, the petitioner has filed a complaint case also.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner was demanding ransom from a teacher. The petitioner has got one criminal case pending also against him.

Considering the above, I am not inclined to grant anticipatory bail to the petitioner. The prayer is rejected. If the petitioner surrenders and prays for bail, the same shall be considered on its own merit without being prejudiced by the present order.

(Sudhir Singh, J) Pankaj/- U T