Munna Kumar @ Munna Rai @ Munna Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65814 of 2022 Arising Out of PS. Case No.-121 Year-2021 Thana- SAHPUR District- Patna ====================================================== MUNNA KUMAR @ MUNNA RAI @ MUNNA RAY S/o Shambhu Rai R/v- Sikandarpur, Nitish Aahar, P.S.- Shahpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for grant of bail in a case registered under sections 302, 147, 148 and 149 of the Indian Penal Code and section 27 of the Arms Act. The earlier application for bail of the petitioner was rejected vide order dated 24.3.2022 passed in Cr. Misc. no.50657 of 2021.

As per the prosecution case, while talk was going on between the parties for settling the dispute between them, it is stated that the petitioner and one Sujit Kumar started to fire as a result of which the brother of the informant Raj Kumar Rai died on the spot while Manish Kumar died in course of treatment in the PMCH.

Patna High Court CR. MISC. No.65814 of 2022(3) dt.11-01-2023 2/2 It is submitted by learned counsel for the petitioner that there is case and counter case between the parties. Even in the counter case lodged by the petitioner's side, one person was killed and almost all the accused persons therein have been enlarged on bail. So far as the allegations herein are concerned, the allegations are general and omnibus in nature. The petitioner is in custody since 4.4.2021 and has no criminal antecedent. A report was called for from the learned trial court. As per the report received, the examination of prosecution witness has started and one witness has been examined. Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner and one another of having resorted to firing, killing two persons i.e. the brother of the informant and one another, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T