Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13577 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Prem Kumar Son of Shyam Singh @ Shyamdeo Resident of Village - Rahua, P.s.- Sahebpur Kamal, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Sahebpur Kamal P.S. Case No. 95 of 2021, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and section 25(1-B)a, 26 and 35 of the Arms Act. Later on section 302 IPC was added.

Prosecution case in brief is that petitioner along with other co-accused assaulted the son of informant by means of brick, danda and iron rod which culminated in death of the informant's son.

It is submitted that allegation of assault is general and omnibus. No specific overt act has been alleged against this petitioner. Earlier case was instituted for offence under Section

Patna High Court CR. MISC. No.13577 of 2022(2) dt.22-08-2022 2/2 307 IPC. Later on, during course of treatment the informant's (deceased) succumbed to the injuries. Thereafter section 302 IPC was added. Similarly situated co-accused have already been granted bail by this Court. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 95 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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