Prabhakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38818 of 2022 Arising Out of PS. Case No.-129 Year-2021 Thana- BANGAWON District- Saharsa ====================================================== PRABHAKAR KUMAR Son of Kaman Singh @ Kaman Singh Mahto @ Kaman Singh Mehta Resident of Village - Murli Basantpur, P.S. bangaon, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with S.T. No. 82 of 2022, arising out of Bangaon P.S. Case No. 129 of 2021 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. As per the prosecution, the informant's brother namely Uday Kumar was shot by using fire-arms by this petitioner at his chest, due to which the informant's brother succumbed to the fire arm injury.

The main submissions advanced by the learned counsel Ms. Rashmi Jha for the petitioner are that the informant is not an eye-witness, he got the knowledge of the

Patna High Court CR. MISC. No.38818 of 2022(4) dt.24-02-2023 2/3 alleged incident from one namely, Mithu Kumar and as per the re-statement of the informant one person namely, Monajir Alam was also present when the alleged occurrence took place but his statement was not recorded during the investigation and petitioner was not put on test identification parade and he has been languishing in jail since 29.10.202. Further submission is that admittedly at the time of commission of the alleged occurrence procession was going but no eye-witness from that procession was made. Further submission is that the reason behind false implication of the petitioner is that before the alleged incident the cousin brother of the petitioner filed an information petition (Annexure-2) against the deceased and informant along with his father.

Learned APP Mr. Anant Kumar 1, appearing for the State has opposed the bail prayer.

Having considered the seriousness of the occurrence which relates to murder and there is a direct and serious allegation against the petitioner and he allegedly caused fire arm injury at the chest of the deceased and during investigation one person namely, Mithu Kumar who claims to be eye-witness supported the said allegation, this court is not inclined to accept his bail prayer for the present. Accordingly, his bail prayer

Patna High Court CR. MISC. No.38818 of 2022(4) dt.24-02-2023 3/3 stands rejected.

(Shailendra Singh, J) Rajiv/- U T