Rajesh Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21655 of 2017 Arising Out of PS.Case No. -301 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================
1. Rajesh Kumar,
2. Ranjeet Bhagat @ Ranjeet Kumar, Both Sons of Jhamman Bhagat, Resident of Village- Kutubpur, P.S.- Bidupur, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Ms. Bela Singh For the Opposite Party/s : Mr. M.Dayal APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-08-2017 Heard Ms. Bela Singh counsel for the petitioners, Mr. Sunil Kumar for the informant and Mr. Dayal APP for the State. Apprehending their arrest in connection with Bidupur P.S. Case No. 301 of 2016, registered under Sections 302, 307 and 120 B of the IPC, both the petitioners have prayed for anticipatory bail.
The petitioners constituted a mob of several accused persons who all were armed. According to the prosecution case, they were waiting for victim Ashok Kumar. As he reached the home, it is alleged, that they all surrounded the house and one of the co- accused(s) fired which hit him. When the daughter-in-law of the informant came out, she was also assaulted with fire arm.
Patna High Court Cr.Misc. No.21655 of 2017 (3) dt.10-08-2017 2/2 Both the injured(s) were carried to the hospital. In course of treatment the daughter-in-law died.
The contention of the petitioners is that another injured, namely, Ashok Kumar, in his statement, has not named the petitioners. Even as per the prosecution case, the allegation of firing is attributed to another co-accused.
Learned counsel(s) for the informant and the State opposed the prayer. It is submitted that in a dare devil manner the occurrence was executed by the accused persons of which the petitioners were the active participants.
Considering the seriousness of the allegations and other materials reflected from the record, the prayer for anticipatory bail is rejected.
(Kishore Kumar Mandal, J) Shyam/- U T