Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37070 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== AMIT KUMAR Son of Late Triveni Sharma Resident of Village - Natwar, P.S.- Natwar, Distt - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Dumra P.S.Case No.91 of 2019 registered for offences punishable under Sections 302/34 of the Indian Penal Code. As per the prosecution case, two of the persons were apprehended by the police personnel in the dead of the night and brought to the Dumra Police Station and later on their dead bodies were found at Sadar Hospital, Sitamarhi and the same disclosed that these accused persons died while they were in police custody. Petitioner happens to be police constable of Technical Cell and during the investigation his name transpires and he has come for grant of anticipatory bail. Submission of the learned counsel for the petitioner is that nothing incriminating has come against the petitioner as he

Patna High Court CR. MISC. No.37070 of 2019(3) dt.19-09-2019 2/2 is a member of the Technical Cell, as such his name transpires during the investigation.

Heard learned A.P.P. also.

Having heard both sides and in view of allegation and the case of the custody death, in which the police party is involved, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, he should surrender and pray for regular bail, which will be considered on the basis of materials available against him.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T