Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61645 of 2021 Arising Out of PS. Case No.-320 Year-2020 Thana- KHAIRA District- Saran ====================================================== MUNNA SAH S/o Chhota Sah, R/o village- Kadirganj (Kadipur), P.S.- Khaira (Nagra O.P.), District- Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr.Bharat Lal, Advocate Mr. Brij Bihari Tiwary, Adocate Mr. Gyan Prakash, Advocate Mr. Satyendra Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned counsel for the informant.

The petitioner apprehends his arrest in connection with Khaira (Nagra O.P.) P.S. Case No. 320 of 2020 registered for offence punishable under sections 147, 148, 149, 323, 324, 307, 302, 354(B), 452 and 380 of the Indian Penal Code. As per allegation, when the informant was returning to his house after closing his shop, nine accused persons named in the FIR, including the petitioner, entered into his house.

Patna High Court CR. MISC. No.61645 of 2021(2) dt.18-07-2022 2/3 Co-accused Aditya Kumar inflicted farsa blow on Ravi Ranjan Kumar, the younger brother of the informant. Ravi Ranjan Kumar (since dead) suffered incised injuries on his stomach. The further allegation is that co-accused Aditya Kumar inflicted second blow by farsa on the neck of the deceased, Ravi Ranjan Kumar. The allegation against the present petitioner is that he along with co-accused Aakash Kumar was catching hold the informant and co-accused Guriya Devi inflicted knife blow on his person of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no allegation on the petitioner to assault the deceased, Ravi Ranjan Kumar, rather the allegation to assault Ravi Ranjan Kumar is against co-accused Aditya Kumar. On the other hand, the learned counsel for the informant has submitted that there is specific allegation against the petitioner that he was catching hold informant Haricharan Sah and Guriya Devi inflicted repeated knife blows on the person of Haricharan Sah. He has submitted further that on similar footing, other co-accused persons have been granted regular bail by the coordinate Bench, but it is anticipatory one. Considering the above-mentioned facts and

Patna High Court CR. MISC. No.61645 of 2021(2) dt.18-07-2022 3/3 circumstances, it is not a fit case for anticipatory bail and accordingly, it is rejected.

The petitioner is directed to surrender before the court below and prays for regular bail.

(Nawneet Kumar Pandey, J) Mahesh/- U T