Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4614 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- GOPALPUR District- Patna ====================================================== Amit Kumar, S/o Ajeet Rai @ Aditya Kumar, R/o Bairiya, P.S.- Gopalpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in case registered for the offences punishable under Sections 147, 149, 341, 323, 302 of the Indian Penal Code.

As per prosecution case, on the alleged date and time of the occurrence, this petitioner along with other F.I.R. named accused persons armed with lathi, danda, forcibly entered into the house of the informant and thereafter, informant and her mother-in-law were subjected to assault by the accused persons as a result of which, mother-in-law of the informant succumbed to death.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.4614 of 2023(2) dt.07-04-2023 2/2 present case. He next submits that specific allegation of assault is against co-accused Ajit Rai and Ankit Kumar and so far this petitioner is concerned, allegation against him is general and omnibus. He further submits that similarly situated co-accused persons have already been granted anticipatory bail by coordinate Bench of this Court vide order dated 06.01.2023 passed in Cr. Misc. No. 48747 of 2022.

Learned counsel for the State opposes the prayer for bail application and submits that petitioner is named in the F.I.R., participated in the occurrence due to which mother-inlaw of the informant died and has got five criminal antecedents. Considering the nature of accusation and criminal antecedents, prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Navya/- U T