Munna Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.1910 of 2017 (2) dt.28-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1910 of 2017 Arising Out of PS.Case No. -231 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Munna Rai, son of Harendra Rai, Resident of village - Rambhadra, P.S. - Hajipur Town, District - Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar, Advocate. For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hajipur (Town) P.S. Case No. 231 of 2016 registered under Sections 147, 148, 149, 341, 323, 324, 504, 506 and 307 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur. The accusation is that seven persons named in the F.I.R. including the petitioner surrounded the informant when he reached near the field of Jaiki in Bind Tola. At that time, on the order of Harendra Rai, this petitioner fired causing injury at the left thigh of the informant. When the informant turned his

Patna High Court Cr.Misc. No.1910 of 2017 (2) dt.28-01-2017 motorcycle then Bomb was also hurled behind him. Learned counsel for the petitioner submits, in fact, on the date of occurrence, indiscriminate firing was made by Jaiki, Bikki and 30-40 unknown persons, in which, informant sustained injury, which would appear from Hajipur (Town) P.S. Case No. 232 of 2016 instituted on the basis of written report of Sila Devi, who used to cultivate the land of the petitioner on Batai. Further submission is that the informant has filed compromise petition in the present case before the court below.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T