Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15153 of 2023 Arising Out of PS. Case No.-413 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== SUJEET KUMAR Son of Late Deepnarayan Prasad R/V- Kharhar PSMinapur Dist- Muzaffarpur bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Preety Kunwar, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP Mr.Abhay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2023 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 506, 302, 120(B) of the IPC and 27 of the Arms Act.

As per the prosecution case, the F.I.R. named accused persons including the petitioners surrounded the informant's son and his cousin. On the order of four named accused persons, other accused persons started firing which hit on the chest of informant's son and bullets passed near through the head of informant's son.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.15153 of 2023(2) dt.16-05-2023 2/2 leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation of firing is against the co-accused Pappu Prasad @ Panchu Kumar and Sonelal Prasad, whose bullets hit on the chest of the informant's son. It is submitted that there is no eye-witness to the alleged occurrence and only on suspicion, petitioner has been made accused in the present case. Petitioner has 12 criminal antecedent. Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner and other accused persons to start firing.

Having regard to the facts and circumstances of the case and considering the criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

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