Suryanshu Sumit @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74072 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- NAYA RAM NAGAR District- Munger ====================================================== SURYANSHU SUMIT @ SUMIT KUMAR Son of Sanjay Kumar @ Karelal Chourasiya R/o vill - Lohcha Patam, P.s. - Naya Ramnagar, Distt. - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udbhav, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Naya Ramnagar P.S. Case No. 140 of 2022 dated 31.07.2022 registered for the offences punishable under Sections 302, 120B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder the informant's son with a sharp weapons under conspiracy.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. There is no eye witness to the alleged occurrence. No incriminating article has been recovered from the possession of the petitioner. It is further submitted that the petitioner has no concern

Patna High Court CR. MISC. No.74072 of 2023(2) dt.06-12-2023 2/2 with the alleged offence. The petitioner has clean antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. The informant is the eye witness to the occurrence. The informant and the co-villagers saw the petitioner and the co-accused persons taking the informant's son towards hill before his death. Thereafter, they committed murder of his son with sharp-edged weapons and knives at hill (mountain).

6. Considering the aforesaid facts and circumstances as well as the heinous nature of allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. The petition is rejected and the petitioner is directed to surrender to the Court below within four weeks from the date of this order and the Court below will consider the prayer of bail of the petitioner without being prejudiced by this order.

7. The application stands rejected.

(Chandra Prakash Singh, J) Gautam/- U T