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Patna High CourtCR. MISC./62819/2024partly allowed disposal

Munna Kumar Singh @ Munna Kumar v. The State Of Bihar

2024-10-05Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62819 of 2024 Arising Out of PS. Case No.-402 Year-2022 Thana- BARH District- Patna ====================================================== 1.

Munna Kumar Singh @ Munna Kumar Son Of Raj Kumar Singh Resident Of Village - Salalpur, Police Station - Barh, Dist.- Patna. 2.

Sudarshan Kumar @ Sundram Kumar Son Of Raj Kumar Singh Resident Of Village - Salalpur, Police Station - Barh, Dist.- Patna. 3.

Lallu Kumar @ Sanjeet Kumar Son Of Harballabh Singh Resident Of Village - Salalpur, Police Station - Barh, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun .

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

3. As per FIR, all accused persons were abusing and assaulting by means of iron rod and petitioner no. 1 also made firing from pistol but by grace of god he could be saved. It is also alleged that accused persons assaulted on the head by end portion of pistol.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.62819 of 2024(2) dt.05-10-2024 2/3 this case. He submits that the informant and the petitioners are co-villagers and due to dirty village politics and animosity, they have been made accused in this case. He submits that there is compromise between the parties. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail and submits that the injury found upon the victim is grievous in nature.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner no. 3, let the above named petitioner no. 3 and in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) 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 Barh P.S. Case No. 402 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. So far petitioner nos. 1 and 2 is concerned, there

Patna High Court CR. MISC. No.62819 of 2024(2) dt.05-10-2024 3/3 is specific allegation against them, I am not inclined to enlarge the petitioner nos. 1 and 2 on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with the aforesaid case.

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