Sumit Kumar @ Rupesh Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.54399 of 2016 (6) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54399 of 2016 Arising Out of PS.Case No. -149 Year- 2016 Thana -NAUGACHIA District- BHAGALPUR ======================================================

1. Sumit Kumar @ Rupesh Kumar,

2. Rajiv Kumar @ Suman Kumar, Both sons of Late Naresh Yadav, resident of Village- Rasalpur, P.S.- Naugachia, Dist- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vivekanand Vivek For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Naugachia P.S. Case No. 149 of 2016 registered under Sections 147, 148, 149, 302 and 120B of the I.P.C. and 27 of the Arms Act pending in the Court of A.C.J.M., Naugachia. Submission is that petitioners have falsely been implicated in this case. There is general and omnibus allegation of firing against the petitioners. Further submission is that petitioners have no criminal antecedent.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioners with submission that petitioners are absconder and named in the F.I.R. There is specific

Patna High Court Cr.Misc. No.54399 of 2016 (6) dt.13-07-2017 allegation against the petitioners and witnesses have also supported the prosecution version.

Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioners for anticipatory bail. Accordingly, the application is rejected.

(Arvind Srivastava, J) Shailendra/- U T