Akash Deep v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42939 of 2024 Arising Out of PS. Case No.-202 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Akash Deep Son of Vinod Kumar Raut Resident of Village - Ambedkar Nagar, P.S. and District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP For the Informant :

Mr. Nikhil Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-07-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Jehanabad P.S. Case no. 202 of 2024 registered under sections 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the accused persons including the petitioner herein assaulted his father seriously injuring him and as a result of which on being taken to the hospital he subsequently died.

4. Learned counsel for the petitioner submits that there is no specific allegation against this petitioner rather the allegations are general and omnibus in nature. While the occurrence is said to have taken place on 10.3.2024, even on being taken to the hospital no statement of the informant was given in the hospital. The F.I.R was registered after much delay.

Patna High Court CR. MISC. No.42939 of 2024(2) dt.20-07-2024 2/2 It is further submitted that the injury report and the postmortem report does not support the prosecution case. The petitioner has no criminal antecedent.

5. The application for bail is opposed by learned APP for State and learned counsel for the informant. Learned counsel for the informant submits that the order of the learned trial Court mentions about the inquest report supporting the prosecution case insofar as the informant's father is said to have succumbed to his injuries due to severe assault on his person. It is further submitted that the postmortem report also supports the prosecution case of assault by the petitioner and others.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R together with the contents of the inquest report which finds mention in the order of the learned trial Court, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

7. The petitioner is directed to surrender in the trial Court within a period of four weeks.

(Partha Sarthy, J) Harsh/- U T