Akash Kumar @ Akash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19960 of 2022 Arising Out of PS. Case No.-605 Year-2020 Thana- SONEPUR District- Saran ====================================================== Akash Kumar @ Akash Rai, S/O Maheshwar Rai, R/o village- Manpur, P.S.- Sonepur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Rajesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Sonpur P.S. Case No. 605 of 2020 for the offences under Sections 302/34of the Indian Penal Code and Section 27 of the Arms Act.

The aforesaid case came to be registered on the allegation made by the informant that he got information that some unknown persons have shot at his son near the temple. Upon reaching there, he was informed that the injured has been shifted to Sadar Hospital, Chapra and when he reached the said hospital, he got knowledge that his son has died. The FIR was lodged against unknown persons and

Patna High Court CR. MISC. No.19960 of 2022(2) dt.03-08-2022 2/2 subsequently the name of the accused persons cropped up in course of investigation, the petitioner being one of them. In Cr. Misc. No.71718 of 2021 arising out of the same Sonepur P.S. Case No.605 of 2020, the case diary was called for and perusal of which it was found that it was the petitioner herein Akash Kumar @ Akash Rai against whom specific allegation of killing was attributed. Further on his confessional statement, the revolver was also recovered/seized from his home.

Considering the fact that specific role of killing has been made against the petitioner in course of investigation as also the fact that the revolver alleged to have been used in the said killing has been recovered/seized from his residence, this Court is not inclined to grant him privilege of bail, which is accordingly rejected.

(Rajiv Roy, J) Prakash Narayan /- U T