Vishal Raj @ Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11014 of 2020 Arising Out of PS. Case No.-799 Year-2019 Thana- DANAPUR District- Patna ====================================================== Vishal Raj @ Vishal Kumar S/o Sri Umesh Sharma @ Umesh Prasad Singh Resident of Village- Shahar Rampur, P.S.- Naubatpur, Distt- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arbind Kumar Singh, Advocate For the Opposite Party :

Mr. Bharat Lal, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2020 Heard learned counsel for the petitioner as well as learned counsel for the State through video conferencing. Petitioner apprehends arrest in Danapur Police Station Case No. 799/2019 registered for the offences punishable under Sections 307/353 and other allied sections of the Indian Penal Code.

Prosecution's case in brief is that when the informant, being Block Agriculture Officer, Danapur along with other officials and police party was discharging his duty in removal of illegal encroachment and cleaning of drainage, the petitioner and other accused persons assaulted them. Accused persons Rajesh Kumar @ Pappu Yadav and Amarjit Singh pressed informant's neck with an intention to kill him. They also snatched mobile phone of the Executive Officer. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.11014 of 2020(3) dt.15-09-2020 2/2 petitioner is innocent and has falsely been implicated in this case. Petitioner has got no criminal antecedent. There is no allegation of overt act against the petitioner, though as per the FIR itself, co-accused Rajesh Kumar @ Pappu Yadav and Amarjit Singh have been alleged to have pressed the neck of the informant.

Learned counsel for the State opposes the prayer for bail stating the petitioner was also engaged in abusing and assaulting the officials while they were on official duty. He submits that during investigation witnesses have also supported the prosecution case. He states that the injury report mentions multiple bruise wound on the various parts of the informant's body including neck.

In view of the nature of allegation, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T