Solzar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6395 of 2023 Arising Out of PS. Case No.-339 Year-2022 Thana- ISLAMPUR District- Nalanda ====================================================== SOLZAR KUMAR Son of Dilip Kewat Resident of Village - Mathiapur, P.S.- Islampur, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 324, 307, 379, 427, 504 & 506/34 of the Indian Penal Code. It is alleged that this petitioner in association with other co-accused persons, named in the F.I.R., assaulted the victim, as a result of which, he sustained multiple fractures of bones including parietal bone and fracture of the left zygomatic bone.

It is submitted on behalf of petitioner that the allegation of assault is general and omnibus. No specific overt act has been alleged against this petitioner. Petitioner claims clean antecedent.

However, learned A.P.P. for the State opposed the bail

Patna High Court CR. MISC. No.6395 of 2023(2) dt.12-05-2023 2/2 petition and submitted that there is specific allegation against this petitioner that he alongwith other co-accused persons brutally assaulted the informant, as a result of which, he sustained multiple fracture injury. It is further submitted that prayer for anticipatory bail of similarly situated co-accused Vikram Kumar has already been refused by a coordinate Bench of this Court, vide order dated 11.04.2023 passed in Cr.Misc. No. 6526 of 2023.

Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of petitioner is rejected. (Prabhat Kumar Singh, J) anay/- U T