IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27837 of 2019

Arising Out of PS. Case No.-472 Year-2018 Thana- PARBATTA District-

Khagaria

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1.

SUSHIL KUMAR @ KARKUN, male, aged 30 years, Son of Sudhir Singh

Resident of Village- Nayagaon Pachkhutti, P.S.- Parbatta, District-

Khagaria.

2.

Parnit Kumar @ Parmit Kumar @ Raja, male, aged 28 years, Son of

Sudhir Singh Resident of Village- Nayagaon Pachkhutti, P.S.- Parbatta,

District- Khagaria.

3.

Sujit Kumar @ Golden @ Sunit Kumar @ Golden Kumar, male, aged

about 20 years,Son of Lukho Singh Resident of Village- Nayagaon

Pachkhutti, P.S.- Parbatta, District- Khagaria.

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

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Appearance :

For the Petitioners

:

Mr. Rakesh Chandra, Advocate.

For the Opposite Party:

APP

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN

ORAL ORDER

2

29-04-2019

Heard learned counsel for the petitioners and learned

APP for the State.

2. The petitioners apprehend their arrest for the

offences alleged under Sections 341, 323, 506/34 of the Indian

Penal Code and Section 27 of the Arms Act registered in

connection with Parbatta P.S. Case No. 472 of 2018.

3. It is submitted that the petitioners have been falsely

implicated and there is case and counter case between the

parties. According to the F.I.R. itself no injury has been caused as

a result of firing attributed to the petitioners. The petitioners

Patna High Court CR. MISC. No.27837 of 2019(2) dt.29-04-2019

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claim clean antecedents.

4. Learned APP on the other hand invites reference to

the order of the learned Additional Sessions Judge, noticing from

the case diary that the doctor has found firearm injury on the

person of Gopal Singh was referred to JLNMCH, Bhagalpur for

better treatment.

5. Having regard to the nature of accusations, gravity

of the offence alleged and the finding that the informant Gopal

Singh has sustained firearm injury, this Court is not inclined to

grant the privilege of anticipatory bail to the petitioners. The

anticipatory bail petition stands dismissed.

6. If the petitioners surrender and seek regular bail

before the learned Court below the same shall be considered on

its own merit in accordance with the law, without being

prejudiced by any observation in the present order.

Ibrar//-

(Vikash Jain, J)

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