Patna High CourtCR. MISC./44964/2019dismissed

Vikash Kumar @ Vikash Yadav v. The State Of Bihar

2019-12-04Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44964 of 2019 Arising Out of PS. Case No.-92 Year-2018 Thana- TANKUPPA District- Gaya ====================================================== Vikash Kumar @ Vikash Yadav, aged about 18 years (Male), Son of Radhe Prasad @ Radhe Yadav Resident of Village- Andhu Sumani, P.S.- Tankuppa, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the State :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tankuppa PS Case No. 92 of 2018 dated 01.07.2018 instituted under Sections 341, 323, 504 and 506/34 of the Indian Penal Code to which later on Sections 302 and 325 of the Indian Penal Code was added.

3. The petitioner along with three others is accused of assaulting the informant, his father and son which resulted in head injury to the informant, his brother as also the father, who ultimately died due to the same.

Patna High Court CR. MISC. No.44964 of 2019 dt.04-12-2019 2/2

4. Learned counsel for the petitioner submitted that two co-accused Kaushalya Devi and Mahesh Kumar have been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 63229 of 2018 dated 18.12.2018 and that there is common allegation against him and co-accused Radhey Yadav. It was submitted that the petitioner is in custody since 02.04.2019.

5. Learned APP, from the case diary, submitted that there is specific allegation of the petitioner assaulted all the three persons and that too on the head. It was submitted that the postmortem report confirms the cause of death as head injury caused by hard blunt substance.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T