Sushil Kumar @ Karkun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27837 of 2019 Arising Out of PS. Case No.-472 Year-2018 Thana- PARBATTA DistrictKhagaria ====================================================== 1.

SUSHIL KUMAR @ KARKUN, male, aged 30 years, Son of Sudhir Singh Resident of Village- Nayagaon Pachkhutti, P.S.- Parbatta, DistrictKhagaria. 2.

Parnit Kumar @ Parmit Kumar @ Raja, male, aged 28 years, Son of Sudhir Singh Resident of Village- Nayagaon Pachkhutti, P.S.- Parbatta, District- Khagaria.

3.

Sujit Kumar @ Golden @ Sunit Kumar @ Golden Kumar, male, aged about 20 years,Son of Lukho Singh Resident of Village- Nayagaon Pachkhutti, P.S.- Parbatta, District- Khagaria. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Rakesh Chandra, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 506/34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Parbatta P.S. Case No. 472 of 2018.

3. It is submitted that the petitioners have been falsely implicated and there is case and counter case between the parties. According to the F.I.R. itself no injury has been caused as a result of firing attributed to the petitioners. The petitioners

Patna High Court CR. MISC. No.27837 of 2019(2) dt.29-04-2019 2/2 claim clean antecedents.

4. Learned APP on the other hand invites reference to the order of the learned Additional Sessions Judge, noticing from the case diary that the doctor has found firearm injury on the person of Gopal Singh was referred to JLNMCH, Bhagalpur for better treatment.

5. Having regard to the nature of accusations, gravity of the offence alleged and the finding that the informant Gopal Singh has sustained firearm injury, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.

6. If the petitioners surrender and seek regular bail before the learned Court below the same shall be considered on its own merit in accordance with the law, without being prejudiced by any observation in the present order. (Vikash Jain, J) Ibrar//- U T