Munna Yadav @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72445 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Munna Yadav @ Munna Kumar Son of Suresh Prasad @ Suresh Prasad Resident of Village- Chandachak, P.S.- Neemchak Bathani, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Asgher Najmi, Adv For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-10-2024 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in connection with Neemchak Bathani P.S. Case No.50 of 2024, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 333, 353, 337, 338, 427, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3.

As per the FIR, the informant along with other police personnel went to raid against illegal mining of sand. When they reached the spot, the petitioner and other co-accused persons surrounded them and assaulted by means of lathi, rod and pistol due to which the informant's side sustained injuries. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.72445 of 2024(2) dt.29-10-2024 2/2 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. Petitioner has five criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

Accordingly, this application is dismissed.

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