Patna High CourtCR. MISC./43305/2018dismissed

Amarjeet Kumar @ Ankush Kumar @ Ankush Raj And ANR v. The State Of Bihar

2018-08-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43305 of 2018 Arising Out of PS.Case No. -123 Year- 2017 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Amarjeet Kumar @ Ankush Kumar @ Ankush Raj, S/o Late Bijendra Paswan,

2. Biranchi Paswan S/o Late Bijendra Paswan, Both residents of Vill.- Khajkipur, P.S.- Sarmera, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2018 The petitioners are apprehending their arrest in connection with Barbigha P.S. Case No. 123 of 2017, registered for offences punishable under Sections 364, 302, 201 and 34 of the Indian Penal Code.

Petitioners are not named in the F.I.R and their names surfaced on confession of co-accused and it is alleged that they along with others killed the son of informant. It has been submitted on behalf of the petitioners that they have not been named in the F.I.R. and they have been made accused in this case only on the basis of confession of co-accused and except that there is nothing against the petitioners. Learned counsel for the State opposed the prayer for bail

Patna High Court Cr.Misc. No.43305 of 2018 (3) dt.23-08-2018 2/2 and submitted that this is a case of brutal murder and involvement of these petitioners cannot be ruled out as the co-accused of this case has assigned specific role of these petitioners in the offence. Having heard both sides, in view of the above facts, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather they should surrender and make prayer for regular bail and if any such application is filed the court below shall decide the same on the merit of the case. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) sunil/- U T