Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36808 of 2022 Arising Out of PS. Case No.-92 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== Anuj Kumar S/O Late Lal Babu Singh, Resident Of Village- Narbirpur, P.O.- Narhi Chandi, P.S.- Chandi, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chandi P.S. Case No. 92 of 2022 lodged under Section 302/34 of Indian Penal Code.

The prosecution story in short is that the son of informant, was driving a tempo, going to Kulhariya station and an accident took place with a electric rickshaw on which 5 persons were sitting. The allegation is that those 5 persons including the petitioner were sitting on electric rickshaw started assaulting the informant's son, due to which the victim injured and subsequently died.

Patna High Court CR. MISC. No.36808 of 2022(2) dt.22-09-2022 2/2 Learned counsel for the petitioner submits that petitioner's antecedent is clean and he is in custody since 02.04.2022. He further submits that charge sheet has already been filed in this case. Upon query, learned counsel for the petitioner submits that till date charge has not been framed. Learned counsel for the State opposes the prayer for bail and submits that hearing of one of the co-accused was taken place in this Court and his bail application was rejected and liberty was given to him that he shall renew the prayer for bail after framing of charge and trial court shall release him on bail on its own conditions.

In the present facts and circumstances of the case and the submissions made above, I am not inclined to grant bail to the petitioner at present but the Trial Court is directed to release the petitioner on bail after framing of charge on its own conditions so that petitioner shall not evade his appearance during trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ravishankar/- U T