Dismissed

Chun Mun @ Munna Kumar @ Chun Mun Kumar v. The State of Bihar

Patna HC8 Dec 2021CR. MISC./18662/2021

Case brief

AI extract

What is this about?

In an oral order, the Patna High Court dismissed an application for regular bail filed by a petitioner charged with attempt to murder resulting in death under Section 307/302 IPC. The Court denied immediate bail and granted liberty to renew the prayer after six months.

What did the court decide?

Bail denied; liberty granted to renew prayer for bail after six months.

Chun Mun @ Munna Kumar @ Chun Mun Kumar Vs The… — Murder and Culpable Homicide | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18662 of 2021

¶2

Arising Out of PS. Case No.-123 Year-2019 Thana- CHANDAUTI District- Gaya

¶3

======================================================

¶4

CHUN MUN @ MUNNA KUMAR @ CHUN MUN KUMAR S/O SRI ROHIT YADAV R/o village- English, P.S.- Chandauti, District- Gaya

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manisha Prakash, Advocate For the Opposite Party/s : APP for the Informant : ======================================================

¶8

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

¶9

3 08-12-2021 Heard learned counsel for the parties.

¶10

The petitioner has preferred this application for grant

¶11

of regular bail in a case registered under section 307 and other sections of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

¶12

As per the prosecution case, while the informant was going it is stated that the two accused persons including the petitioner herein along with ten others asked them to stop. Thereafter, they abused them and Naresh Yadav and Chun Mun Kumar (the petitioner herein) assaulted them with a lathi as a result of which Ajit Kumar sustained injuries on the head and died in course of treatment.

¶13

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegation of assault by the two named and ten other accused

¶14

Patna High Court CR. MISC. No.18662 of 2021(3) dt.08-12-2021 2/3

¶15

persons are falsified from the postmortem report wherein only two injuries have been found on the body of the deceased and only one is stated to have been caused on head, the other being on elbow, shoulder and arm. The petitioner is in custody since 14.9.2020 and investigation in the case has concluded.

¶16

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the petitioner is named in the FIR. There is direct allegation against him of having assaulted the deceased and the application for bail of a similarly situated co-accused Naresh Yadav has been rejected vide order dated 29.6.2020 passed in Cr. Misc. no. 14837 of 2020.

¶17

In reply it is submitted by learned counsel for the petitioner that the aforesaid Naresh Yadav, vide order dated 4.3.2021 was granted liberty to renew his prayer for bail after six months.

¶18

Having heard learned counsel for the parties and taking into consideration the nature of allegations in the FIR together with the submissions made on behalf of the parties, the Court is not inclined to enlarge the petitioner on bail for the present and the application is reject.

¶19

Patna High Court CR. MISC. No.18662 of 2021(3) dt.08-12-2021 3/3

¶20

Liberty is granted to the petitioner to renew his prayer

¶21

for bail after six months.

¶22

(Partha Sarthy, J)

¶23

Prakash/-

¶24

Chun Mun @ Munna Kumar @ Chun Mun Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chun Mun @ Munna Kumar @ Chun Mun Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rakesh Kumar Vs the Central Bureau of Investigation (C.B.I.) New Delhi

Rajesh Kushwaha @ Rajesh Prasad Vs The State of Bihar

Raushan Kumar @ Raushan Sharma Vs The State Of Bihar Through The Director General Of Police, Bihar, Patna and Ors.

Raja Kumar Vs The State of Bihar

Bittu Kumar Keshri Vs The State of Bihar

Santosh Kumar Vs The State of Bihar