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Patna High CourtCR. MISC./62457/2019dismissed

Sunil Kumar Gupta @ Dablu v. The State Of Bihar

2020-01-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62457 of 2019 Arising Out of PS. Case No.-501 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Sunil Kumar Gupta @ Dablu, Son of Basudeo Narayan Gupta, Resident of Mohalla - Subhash Nagar, P.S.- Sadar, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Nilesh Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP For the Informant :

Mr. Yogendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2020 This is an application for grant of anticipatory bail in connection with Sadar P. S. Case No. 501of 2019, disclosing offence under Sections 302/34 of IPC.

As per F.I.R. petitioner and other accused persons assaulted the father of the informant by bat of the pistol, due to which, he scummed injuries.

Submission of the learned counsel for the petitioner is that allegation is general in nature and no specific allegation has been attributed and at the time of preparing of enquest report, the informant has not disclosed the name of any accused person. Heard learned A.P.P. as well as learned counsel for the informant, who has opposed the prayer for anticipatory bail on the ground that the witnesses have supported the prosecution

Patna High Court CR. MISC. No.62457 of 2019(3) dt.09-01-2020 2/2 case during the investigation and there are injuries over the deceased in the postmortem report also. Further submission is that prayer for anticipatory bail of other accused person Mahantha Gupta was dismissed by this Court, vide order dated 20.11.2019 passed in Criminal Misc. No. 60137 of 2019. Having heard both sides, in view of the submissions, made above, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he has to surrender before the learned court below and make prayer for regular bail, the same shall be considered on its own merit, without being prejudiced by order of this Court.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T