Patna High CourtCR. MISC./80751/2019dismissed

Sunny Kumar @ Sani Kumar v. The State Of Bihar

2020-01-07Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 80751 of 2019 Arising Out of PS. Case No.-209 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Sunny Kumar @ Sani Kumar, aged about 26 years (Male), Son of Bhola Singh Resident of Village - Dighi Pokhrahi, P.S. - Nabinagar, DistrictAurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the State :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Barun PS Case No. 209 of 2018 dated 31.10.2018 instituted under Sections 302, 201, 120B of the Indian Penal Code and 27 of the Arms Act, 1959.

3. The allegation against the petitioner is of being party to the killing of a male person.

4. Learned counsel for the petitioner submitted that the body was discovered by the chowkidar and FIR was lodged against unknown persons and only on the confessional statement of co-accused, the petitioner has been implicated. It was submitted

Patna High Court CR. MISC. No.80751 of 2019 dt.07-01-2020 2/2 that there is no eye witness to the occurrence and also no recovery has been made from him.

5. Learned APP submitted that the co-accused has stated that four persons had hired the Scorpio vehicle driven by the deceased and on the way he was killed and the vehicle taken away. It was, thus, submitted that the petitioner was an equal partner to the crime.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on anticipatory bail.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T