Kaushal Kumar Prince @ Kaushal Kumar @ Prince v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4240 of 2023 Arising Out of PS. Case No.-143 Year-2020 Thana- MAHNAR District- Vaishali ====================================================== KAUSHAL KUMAR PRINCE @ KAUSHAL KUMAR @ PRINCE S/O SRI KUSHESHWAR PASWAN Resident of village- Alipur Hatta, P.S.- Mahnar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Thakur, Adv.
Mr.Ritwik Thakur, Adv.
Mrs.Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr.Ramchandra Sahni, APP For the Informant :
Mr.Niraj Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Mahnar P.S. Case No.143 of 2020, registered for the offence punishable u/s 302, 201/34 of the IPC.
Allegation against the petitioner is that he along with other accused persons are involved in a murder in connection with Mahnar U.D. Case No.03 of 2020.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not
Patna High Court CR. MISC. No.4240 of 2023(3) dt.05-05-2023 2/3 specific rather general and omnibus in nature. There is no eyewitness to the alleged occurrence and during investigation, the name of petitioner and other accused transpired in the case of murder. It is submitted that earlier the mother of the deceased has filed an U.D. Case regarding the death of her son by drowning but later on an F.I.R. was lodged as U.D. Case No.3 of 2020. During investigation, the I.O. obtained the postmortem report of the deceased, in which, the Doctor has given opinion that cause of death was throttling and chest injury due to asphyxia. On the basis of postmortem report, it was opined that it is a case of murder and during course of investigation in the U.D.
Case, the involvement of the accused persons and other accused persons was found but the real fact is that the deceased died due to drowning. It is further submitted that it is a fact that deceased was last seen with the petitioner and other co-accused persons but the witnesses have not supported the prosecution case. Petitioner has no criminal antecedent.
Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that the process u/s 82 Cr.P.C. has been issued against the petitioner. It is further submitted that in the case diary, it has come that the postmortem was conducted two times and it is clear that the
Patna High Court CR. MISC. No.4240 of 2023(3) dt.05-05-2023 3/3 petitioner after killing the deceased, threw the dead body in the river water.
Having regard to the facts and circumstances of the case and considering the nature of allegation including the evidence available in the case diary, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
This application is accordingly dismissed.
However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T