Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14702 of 2020 Arising Out of PS. Case No.-223 Year-2019 Thana- DALSINGHSARAI District- Samastipur ====================================================== SUJEET KUMAR Son of Ram Pravesh Roy Resident of Village - Vidyapatinagar, P.S.- Vidyapatinagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-09-2020 Heard Sri Abhay Kumar Singh, the learned counsel for the petitioner and Sri Umesh Lal Verma, the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Dalsingsarai P.S. Case No. 223 of 2019 registered for the offence punishable under Sections 395, 397 of the Indian Penal Code and later on, Section 412 of the Indian Penal Code was added.

The case of the prosecution in brief is that on 11.08.2019, the informant along with his family members had gone for watching the fair at about 7:00 PM. in the evening and had come back to the

Patna High Court CR. MISC. No.14702 of 2020(3) dt.10-09-2020 2/3 house at about 9:00 PM., whereafter at about 10:00 PM., other members of the family had returned back and then, they had gone to sleep at about 12:00-12:15 in the night. It is further alleged that at about 12:45 in the night, the informant heard the noise of his daughter, whereafter, he went outside and saw that two unknown persons were coming down the stairs and upon seeing the informant, they fired from their country made pistols resulting in gunshot injuries being inflicted upon the informant. It is also alleged that one of the accused person had opened the main door of the house, whereafter other accused persons had entered the house and had assaulted the informant and his family members, whereafter, they had committed dacoity and taken away huge quantity of ornaments, cash and other articles.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and though, he is an accused in three other cases, but he is on bail in the said cases. It is further

Patna High Court CR. MISC. No.14702 of 2020(3) dt.10-09-2020 3/3 submitted that the F.I.R. has been lodged against unknown persons and the petitioner has been implicated in the present case merely on suspicion. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available in the case diary, a prima facie case is definitely made out against the petitioner herein of having committed the dacoity in question, hence, I do not find any merit in the present petition, thus, the same stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T