Veer Kumar Singh @ Veer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18495 of 2023 Arising Out of PS. Case No.-593 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Veer Kumar Singh @ Veer Kumar, Son Of Abhimanyu Singh, Resident Of Village Kolakhurd, Police Station -Jagdishpur, District -Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Jagdishpur P.S. Case No.593 of 2022, registered for the alleged offences under Sections 147, 148, 149, 323, 307, 504 of the Indian Penal Code. However, later on, Section 302 IPC was also added.

3. As per prosecution case, in the background of eveteasing by the son of the informant, he was assaulted by the petitioner and other co-accused persons, as a result of which, the son of the informant got injured and later on, he succumbed to his injuries.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.18495 of 2023(2) dt.16-05-2023 2/3 case. It is evident from the FIR that the petitioner and other coaccused persons assaulted the son of the informant by fists, slaps, lathi, danda and the allegations are general and omnibus without ascribing any specific overt act to the petitioner. Under the circumstances, the petitioner can be said to be only a member of unlawful assembly. There is no eye witness to the alleged occurrence and it took place outside the village. The petitioner is in custody since 03.12.2022 and the charge sheet has been submitted.

5. The learned APP opposes the prayer for bail submitting that the petitioner has been named along with a number of co-accused persons who had assaulted the son of the informant, who subsequently died. In paragraph 84 of the case diary, the witness has stated that he has seen the petitioner and other co-accused persons assaulting the son of the informant.

6. Having regard to the facts and circumstances and considering the nature of allegation against the petitioner and other co-accused persons in causing the death of the son of the informant, I am not inclined to enlarge the petitioner on bail at this stage.

7. Accordingly, his prayer for bail is rejected.

Patna High Court CR. MISC. No.18495 of 2023(2) dt.16-05-2023 3/3

8. However, the learned trial court is directed to expedite the trial and conclude the same at the earliest preferably within a period of one year.

(Arun Kumar Jha, J) V.K.Pandey/- U T