Manoj Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77780 of 2018 Arising Out of PS. Case No.-181 Year-2018 Thana- DIGHWARA District- Saran ======================================================

1. Manoj Singh son late Jagdish singh

2. Manish Kumar @ Manish Singh S/o Mahesh Singh Both residents of village Malkha Chak, P.S. Dighwar, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Singh For the Opposite Party/s :

Mr.Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-01-2019 The petitioners apprehend their arrest in connection with Dighwara P.S.Case No. 181 of 2018 registered under Sections 147,302 and 427 of the Indian penal Code and 27 of the Arms Act.

Allegation as per the FIR is that petitioners and other accused persons entered inside the house of the informant after breaking open the door and petitioner no. 1 Manoj Singh fired in air. Petitioner no. 2 Manish Singh and other accused persons caught hold the father of the informant and dragged him to the door and Mahesh Singh with intention to kill fired with country made pistol at informant's father causing him injury. Thereafter petitioner no. 1 Manoj Singh again fired in the air. Subsequently, father of the informant succumbed to injury.

Patna High Court Cr.Misc. No.77780 of 2018(2) dt.02-01-2019 2/2 Submission of learned counsel for the petitioners is that there is no allegation of firing against the petitioners, they are not the assailants rather allegation of firing is against one Mahesh Singh.

Heard learned APP also who has opposed the prayer of anticipatory bail stating that there is allegation of firing against petitioner no. 1 and petitioner no. 2 caught hold the deceased. Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners. If petitioners surrender within a period of six weeks from the date of receipt of a copy of this order, and pray for regular bail, the same shall be considered by the learned court below as per the material available against them and if possible on same day, without being prejudiced by this order.

The application stands disposed of.

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