Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56311 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- FESHAR District- Aurangabad ====================================================== VIJAY KUMAR S/o Chandradeo Ram Resident of Village- Dewaria Kala, Tola, Tatvirganj, P.S.- Feshar, District- Aurangabad. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner apprehends arrest in registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code.

As per the prosecution case, petitioner is one of the assailants of the deceased.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. There is general and omnibus allegation of assault against all the accused persons and no specific overt act has been alleged against the petitioner. It is stated in paragraph 3 of the bail petition that the petitioner has got clean antecedent.

Learned counsel for the State opposes the prayer for

Patna High Court CR. MISC. No.56311 of 2021(3) dt.28-06-2022 2/2 bail submitting that the petitioner and other accused persons assaulted the father of the informant with lathi, rod etc causing his death which fact is corroborated by the post mortem report. Considering the nature of allegation, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) shashi/- U T