Bikash Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18456 of 2024 Arising Out of PS. Case No.-274 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Bikash Kumar @ Vikash Kumar S/O Panna Lal Ram R/O vill.- Dhumnagar, Noniarwa, Ward No.- 29, P.S.- Nautan, Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Akhileshwar Kumar Shrivastva, Advocate For the State :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Nautan P.S. Case No. 274 of 2023 instituted for the offence under Sections 307, 302 & 34 of the Indian Penal Code. 3.

Prosecution case in a nutshell is that co-accused persons, including the petitioner have assaulted the informant as well as his son, as a result of which they sustained injuries. Subsequently, son of the informant died during course of treatment while the treatment of informant was going on. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-07-2023. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.18456 of 2024(2) dt.14-03-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that from perusal of the postmortem report, it would reveal that son of the informant has sustained one stab injury on his chest, but the postmortem report do not suggests sufficient cause of death of the deceased due to aforesaid injury. It is submitting that there is subsisting land dispute between the parties. It is lastly submitted that charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that specific allegation of assault by means of knife on the son of the informant is against the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, for the present, this Court is not inclined to grant bail to the petitioner.

8.

Accordingly, the prayer for bail is rejected. 9.

The learned Trial Court is directed to expedite the trial.

(Rudra Prakash Mishra, J) Raj Kishore/- U T