Gaurav Kumar @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68867 of 2021 Arising Out of PS. Case No.-218 Year-2021 Thana- HARNAUT District- Nalanda ====================================================== GAURAV KUMAR @ MUNNA S/o Shri Uma Shankar Singh R/o VillageBasti, P.O. and P.S.- Harnaut, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code read with Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and the informant alleges that his son was murdered on 10.01.2020 for which a case was lodged in which Pappu Singh was an accused who presently is on bail and is threatening that if ransom is not given then his other son would also be killed. On 17.05.2021, Pappu Singh came armed with weapon and threatened to kill the whole family and fired but informant was able to save himself, it is
Patna High Court CR. MISC. No.68867 of 2021(2) dt.25-07-2022 2/3 next alleged that on 28.05.2021 at 06:00 P.M., maternal grandson of the informant was assaulted by Pappu Singh by pistol butt who fell down and thereafter the accused persons fired in air and threatened to withdraw the case or the second son would also be killed, it is next alleged that when informant came at the place of occurrence, Pappu Singh fired at him but he managed to save himself.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the informant himself is a veteran criminal and has antecedent of 22 cases which has been mentioned at Para-3 of the anticipatory bail application, further, in one of the cases he has been convicted for life, it is next submitted that from perusal of allegation as alleged in the FIR it would manifest that as far this petitioner is concerned, the allegation against him is general and omnibus in nature and the thrust of the allegation is against Pappu Singh.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.68867 of 2021(2) dt.25-07-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Harnaut P.S. Case No. 218 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. with a condition that one of the bailors of the petitioner shall be his father, Uma Shankar Singh.
(Satyavrat Verma, J) Shivam/- U T