Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7099 of 2022 Arising Out of PS. Case No.-258 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== Suman Kumar Son Of Madal Paswan Resident Of Village - Kauabar, Post - Amarut, Police Station - Dobhi, District - Gaya (824201). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pintu Kumar Patel For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2022 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 342, 323, 302, 504, 509/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including petitioner, variously armed came at the door of the informant and started abusing the father of the informant. The accused persons thereafter started assaulting the father of the informant. It is specifically alleged that this petitioner

Patna High Court CR. MISC. No.7099 of 2022(5) dt.17-10-2022 2/3 assaulted with iron rod to the father of the informant. The father of the informant subsequently succumbed to the injuries.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. Moreover, for the alleged occurrence of 28.04.2021, the F.I.R has been registered on 05.05.2021. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that there is specific allegation against the petitioner that he assaulted with iron rod to the deceased.

Considering the fact that there is specific allegation against the petitioner to have assaulted with iron rod to the deceased, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.7099 of 2022(5) dt.17-10-2022 3/3 The prayer for grant of anticipatory bail to the petitioner stands rejected.

(Sunil Kumar Panwar, J) Shageer/- U T