Bablu Prasad @ Bablu Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18510 of 2020 Arising Out of PS. Case No.-176 Year-2019 Thana- BHAGWAN BAZAR District- Saran ====================================================== BABLU PRASAD @ BABLU KUMAR PRASAD Son of Baliram Prasad Resident of Village - Sheo Bazar, P.S.- Bhagwan Bazar, Dist.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-07-2020 This case has been heard through video conferencing. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 324 & 307/34 and subsequently added Section 302 of the Indian Penal Code. As per the prosecution case, while the informant was going to take medicine and when he reached near temple of Dhalajee, the petitioner along with one Dipak Prasad came there and petitioner gave a knife blow on the stomach and thigh of the informant and later on the informant succumbed to his injuries. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The petitioner was not apprehended on the spot. No incriminating article has been

Patna High Court CR. MISC. No.18510 of 2020(3) dt.01-07-2020 2/2 recovered from his conscious physical possession. There is no independent eye witness of the occurrence. The petitioner has no criminal antecedent.

Learned APP for the State vehemently opposing the bail petition submitted that there is direct allegation of assaulting the informant against the petitioner and later on he succumbed to his injuries.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for bail is hereby rejected.

(Anjani Kumar Sharan, J) Trivedi/- U T