Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35926 of 2021 Arising Out of PS. Case No.-353 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== SUNIL KUMAR Son of Ram Briksha Prasad Resident of Village - Harauna (Kalyanpur Harauna), P.S.- Motipur, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar For the Opposite Party/s :
Mr. APP For the Informant Mr. R.N. Jha, Mr. Nachiketa Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Minapur P.S. Case no. 353 of 2019 instituted for the offence punishable under Sections 341, 326, 307, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. As per allegation in the FIR, petitioner is alleged to have fired repeatedly on the uncle of the informant resulting into his death.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He submitted that though the police has
Patna High Court CR. MISC. No.35926 of 2021(3) dt.21-06-2022 2/2 submitted final form against the petitioner, the learned court below took cognizance against all the accused persons including the petitioner. He submitted that during investigation, witnesses have not supported the prosecution case.
Learned APP appearing for the State and learned counsel for the informant has opposed the prayer of bail and submitted that there is direct allegation of indiscriminate firing against the petitioner.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.
(Sunil Kumar Panwar, J) sushma/- U