Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61034 of 2023 Arising Out of PS. Case No.-190 Year-2023 Thana- FATUA District- Patna ====================================================== Munna Kumar S/O Jai Prakash Singh @ Jai Prakash Narayan VillageSupanchak, Ps- Fatuha, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 307, 504 / 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the F.I.R., the allegation against the petitioner is that he assaulted the father of the informant by gun and the injury was found grievous in nature.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that as a matter of fact, when the

Patna High Court CR. MISC. No.61034 of 2023(2) dt.13-10-2023 2/2 petitioner was watering his field then some water leaked into informant's field and for this reason the informant entered into his house and started doing indecent behavior. On protest, Umesh Prasad fired from his pistol which hit the father of the informant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail submitting that considering the nature of the offence, the petitioner does not deserve anticipatory bail.

6. Considering the facts and circumstances of the case and the nature of the allegation levelled against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. The prayer is accordingly rejected.

7. However, if the petitioner surrenders before the Court below and prays for regular bail, the same shall be considered and disposed of without being prejudiced by this order. (Anjani Kumar Sharan, J) saurabhkr/- U T