Rupak Kumar @ Rupak Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41227 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== 1.

Rupak Kumar @ Rupak Sharma, Son of Shyam Sundar Sharma Resident of Goat Kharik, Police Station-Kharik, District-Bhagalpur. 2.

Nandan Kumar @ Pintu Sharma Son of Mahendra Sharma Resident of Goat Kharik, Police Station-Kharik, District-Bhagalpur. 3.

Ravi Ranjan Bharti @ Nanhu Rajpal Son of Tribhuban Rajpal Resident of Goat Kharik, Police Station-Kharik, District-Bhagalpur. 4.

Prabhat Kumar @ Shibo Sharma Son of Bisho Sharma @ Bishnudev Sharma Resident of Goat Kharik, Police Station-Kharik, District-Bhagalpur. 5.

Praveen Kumar @ Bablu Rajpal Son of Kapo Rajpal Resident of Goat Kharik, Police Station-Kharik, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Shanker Modi For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-07-2019 Heard leaned counsel for the petitioners and the leaned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kharik P.S. Case No. 62 of 2019, registered under Sections 147, 148, 149, 302, 120B and 201 of the Indian Penal Code, pending in the court of the A.C.J.M-I, Naughachia. The accusation is that on 24.03.2019, Soni Rajpal, husband of the informant, came to the house in running condition and behind him 14 persons named in the F.I.R.,

Patna High Court CR. MISC. No.41227 of 2019(2) dt.04-07-2019 2/2 including the petitioners, and 10-12 unknown entered in the house and started to abuse and brutally assaulted to her husband, who fell down and died on the spot.

Learned counsel appearing on behalf of the petitioners submits that while petitioners are named in the F.I.R. but no specific overt act has been attributed against the petitioners. The petitioners have no criminal antecedent. Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for grant of anticipatory bail stands rejected. The petitioners are directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T