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Patna High CourtCR. APP (SJ)/1521/2019dismissed

Sujit Kumar @ Sujit Yadav v. The State Of Bihar

2019-04-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1521 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== SUJIT KUMAR @ SUJIT YADAV S/o Sri Kishun Yadav R/o village- Dhosia, P.S.- Mirganj, District- Gopalganj ... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dhramveer For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 16-04-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Mirganj P.S.Case No.24 of 2019 , registered for offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code and Section 3(2)(v) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act.

Allegation against the appellant is that he along with the others has taken the grand son of the informant and thereafter the Officer Incharge informed about the murder of his grand son and he had gone there and seen the injuries on his body. Submission of the learned counsel for the appellant is that he has been made accused only on the basis of suspicion and the materials collected during the course of investigation disclose the name of some other accused persons.

Patna High Court CR. APP (SJ) No.1521 of 2019 dt.16-04-2019 2/2 Heard learned Spl. P.P., who has opposed the prayer for bail stating that the appellant is named in the FIR and he was last seen with the deceased, as such he is not entitled for privilege of anticipatory bail.

Having heard both sides and in view of the facts and circumstances as stated above, I am not inclined to grant privilege of anticipatory bail rather let the appellant surrender before the learned Special Judge within a period of six weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned special judge on the basis of materials available in the case diary.

Accordingly, this appeal is dismissed.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date