← Library
Patna High CourtCR. MISC./50815/2022rejected

Mantu Singh @ Rajesh Kumar Singh v. The State Of Bihar

2022-12-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50815 of 2022 Arising Out of PS. Case No.-269 Year-2022 Thana- BARH District- Patna ====================================================== MANTU SINGH @ RAJESH KUMAR SINGH Son of Sri Yogendra Prasad Singh Resident of Village - Agwanpur, P.S.- Barh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 341, 323, 307, 324, 506/34 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, the accused persons named in the FIR along with petitioner assaulted the informant with a view to kill him. They also assaulted his cousin.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is further stated that for saving his own skin, the informant made a counter case to the case lodged by the brother of the petitioner. Though the

Patna High Court CR. MISC. No.50815 of 2022(2) dt.12-12-2022 2/2 allegation against the petitioner is firing by rifle, but the injury is simple in nature. There is general and omnibus allegation against the petitioner. Petitioner has one criminal antecedent. Learned APP for the State opposed the prayer for bail by submitting that the petitioner is also involved in this case. Having regard to the facts and circumstances of the case, since the petitioner is also involved in this case, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

However, petitioner is directed to surrender before the Court below within six weeks and make prayer for bail and the learned court below has directed to consider the prayer of the petitioner without any prejudice by this order especially considering the fact that the petitioner is an retired Army personnel.

(Anjani Kumar Sharan, J) divyanshi/- U T