Patna High CourtCR. MISC./76921/2023dismissed

Sanjit Kumar v. The State Of Bihar

2023-12-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76921 of 2023 Arising Out of PS. Case No.-330 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== 1.

SANJIT KUMAR Son of Mithilesh Singh R/o Village - Lodipur, Mansurpur, P.S.- Khusrupur, District - Patna 2.

Pankaj Kumar Son of Mithilesh Singh R/o Village - Lodipur, Mansurpur, P.S.- Khusrupur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Kumar For the Opposite Party/s :

Mr. Rabindra Kumar Mr. Ram Nibash Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2023 Heard the parties.

2. The petitioners apprehend their arrest in connection with Khushrupur P.S.Case No.330 of 2022, registered for the offence punishable under Sections 302/34 of the Indian Penal Code and 27 of Arms Act.

3. The allegation against the petitioners is that they along with other co-accused persons entered into the house of the informant and assaulted them due to which the mother and father of the informant died.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.76921 of 2023(2) dt.06-12-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering that two persons have died in the alleged incident, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

7. Accordingly, this application is dismissed.

8. However, if the petitioners surrender before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day, in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T