Teni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13076 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- BHADAUR District- Patna ====================================================== 1.

Teni Kumar, male, aged about 22 years.

2.

Tunni Mahto @ Tunni Kumar, male, aged about 20 years. 3.

Sanjit Kumar, male, aged about 25 years.

All are S/o Janardan Mahto @ Jano Mahto, R/o Village-Jandinagar, P.S.- Bhadaur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parashuram Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-12-2021 Mr. Parashuram Singh, the learned Advocate for the petitioners seeks permission to withdraw the application with respect to petitioner Nos. 1 and 3, namely, Teni Kumar and Sanjit Kumar, who have been arrested during the pendency of this application.

Permission is granted.

The application with respect to petitioner Nos. 1

Patna High Court CR. MISC. No.13076 of 2021(2) dt.24-12-2021 2/3 and 3 is dismissed as having become infructuous. Heard the counsel for the parties.

The petitioner No. 2, namely, Tunni Mahto @ Tunni Kumar, seeks bail in anticipation of his arrest in connection with Bhadaur P.S. Case No. 48 of 2020, dated 05.05.2020, instituted for the offences under Sections 147, 148, 149, 341, 342, 323, 307, 302, 120(B), 504 and 414 of the Indian Penal Code.

The informant has alleged that the father of petitioner No. 2 fired at one Lalan Kumar and, thereafter, at Nago Mahto. Aforesaid Lalan Kumar is said to have succumbed to the injuries suffered by him. The informant and others were assaulted by petitioner No. 2 and others. Though the accusation against petitioner No. 2 is general and omnibus, but considering the background facts and the manner in which the occurrence is said to have been committed as well as the presence of petitioner No. 2 at the place of occurrence, I am not inclined to grant him the privilege of anticipatory bail.

The prayer for grant of anticipatory bail to

Patna High Court CR. MISC. No.13076 of 2021(2) dt.24-12-2021 3/3 petitioner No. 2 is, accordingly, rejected.

However, if he surrenders before the Court below and seeks bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact that the present anticipatory bail application on his behalf has not been entertained by this Court.

The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T