Sujeet Kumar @ Nitish Kumar @ Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29398 of 2016 Arising Out of PS.Case No. -24 Year- 2015 Thana -PIPRIYA SAHAYAK District- LAKHISARAI ====================================================== Sujeet Kumar @ Nitish Kumar @ Nitesh Kumar son of Shiv Narayan Singh, Resident of Village- Ramchandrapur, Police Station- Pipariya, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Raju, Advocate. For the Opposite Party/s : Mr. Sri Gajendra Prasad Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-09-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Pipariya P.S. Case No. 24 of 2015 pending in the Court of Chief Judicial Magistrate, Lakhisarai instituted for the offences punishable under Sections 341,323,325,379,427,307/34 of the Indian Penal Code.

According to FIR, it is alleged that while the informant was participating in the Barat, accused Mukhiya was engaged in firing. When protest was made by him, it is alleged that Mukhiya fired upon him. He saved himself where after on the orders of the Mukhia, accused Sujit fired upon the informant. Subsequently the accused persons used the butt of the firearm and assaulted indiscriminately on the head of the informant which caused injury. The contention of the petitioner is that the petitioner himself

Patna High Court Cr.Misc. No.29398 of 2016 (2) dt.02-09-2016 2/2 was Sarati. It was an exchange of firing between the Barati and Sarati. The marriage has also been solemnized. Learned APP for the State, on the hand, submits that looking to the gravity of the allegations and other materials reflected in the record, it is not a fit case where the privilege of anticipatory bail can be granted.

On perusal of the record, I am of the view that it is not a fit case for grant of anticipatory bail. The prayer for anticipatory bail is rejected.

(Kishore Kumar Mandal, J) Prakash/- U T