Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44307 of 2017 Arising Out of PS. Case No.-612 Year-2016 Thana- HAJIPUR District- Vaishali ====================================================== Prakash Kumar Son of Birendra Kumar @ Shivjee Rai, R/o Village- Lodipur, Ward No. 31, P.S.- Hajipur Town, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar For the Opposite Party/s :

Mr. SRI PREM KUMAR JHA ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Hajipur Town P. S. Case No. 612 of 2016 registered for the offences punishable under Sections 448, 147, 148, 149, 341, 323, 352, 307, 504, 506 of the Indian Penal Code, Section 27 of the Arms Act and Section 302 IPC was added later on. The allegation against the petitioner is that he assaulted with iron rod on the head of Mohan Prasad the father of the informant, resulting, during treatment Mohan Prasad died. Submission is of false implication and that during investigation the independent witnesses have not supported the prosecution version. Mohan Prasad got injury in another manner and due to enmity the petitioner has been implicated and as such

Patna High Court Cr.Misc. No.44307 of 2017(2) dt.21-09-2017 2/2 the petitioner deserves sympathetic consideration. Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, this Court is not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T