Avishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29020 of 2024 Arising Out of PS. Case No.-598 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Avishal Kumar Son of Jaykishor Dubey Village Siswa Kharar PS Kalyanpur Dist East Champaran at Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35889 of 2024 Arising Out of PS. Case No.-598 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Sandip Kumar @ Sandeep Kumar Son Of Muni Lal Sah Resident Of Village - Hajipur, Siswa Patna, P.S. - Kesariya, District - East Champaran ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 29020 of 2024) For the Petitioner/s :
Mr. Ravi Shanker Dwivedi, Adv.
For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP (In CRIMINAL MISCELLANEOUS No. 35889 of 2024) For the Petitioner/s :
Mr. Dhurendra Kumar, APP For the Opposite Party/s :
Mr. Gauri Shankar Gupta, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-08-2024 Heard learned counsel for the petitioners, informant and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioners for the offences alleged under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code, registered in connection with Kesaria P.S. Case No. 598 of 2023.
Patna High Court CR. MISC. No.29020 of 2024(3) dt.13-08-2024 2/3
3. The allegation against the petitioners along with others is of brutally assaulted the informant due to which he sustained injury.
4. The learned counsel for the petitioners has submitted that they have been falsely implicated in this case and have committed no offence. There is general and omnibus allegation against these petitioners. There is no eye witness to the alleged occurrence. Petitioners are in custody for about six months.
5. Learned APP for the State and learned counsel for the informant have opposed the prayer of bail and submitting that these petitioners are named in the FIR and the FIR itself shows that these petitioners along with others were making pressure on the informant (victim) to withdraw the earlier case. They further submitted that these petitioners inflicted repeated knife blow on the person of the informant due to which the informant sustained as many as 13 stabbed injury which is said to be grievous in nature. During investigation, several witnesses have also supported the prosecution case.
6. Considering the above facts and circumstances of the case as well as the nature of allegation, this Court is not inclined to enlarge the petitioners on bail.
Patna High Court CR. MISC. No.29020 of 2024(3) dt.13-08-2024 3/3
7. Accordingly, the application stands rejected. (Nawneet Kumar Pandey, J) Arish/- U T