Bal Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38802 of 2021 Arising Out of PS. Case No.-485 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== BAL KRISHNA KUMAR S/O RAJESH PRASAD R/o village- Kharhar, P.S.- Meenapur, District- Muzaffarpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sri Niwas Jha For the Opposite Party/s :
Mr.Ram Naresh Ray For the Informant : Mr. Ranjit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner, the State and the informant.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and u/s 25(1-b)a, 26/27/ 35 of Arms Act. As per the prosecution case, while the deceased was returning home this petitioner along with other FIR named accused persons surrounded and shot him dead. It is further alleged that Ritik Raushan, nephew of the deceased, ran away when the deceased was surrounded by the assailants and revealed the incident to the informant.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.38802 of 2021(4) dt.24-02-2022 2/2 case. There is general and omnibus allegation against this petitioner and no specific overt act has been alleged against him. Petitioner claims clean antecedent and is in custody since 30.10.2020 and investigation in this case is complete. Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that petitioner is one of the assailants of the deceased and there is direct and specific allegation of firing against him. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J) BKS/- U T