Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49479 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Roshan Kumar Son Of Jay Kishore Yadav R/O-Maushari Tola, Baijnathpur, Ward No. 6, P.S.-SOUR Bazar, Saharsha, Bihar, 852221 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sevak Choudhary, APP For the Informant : Mr. Shailender Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 13.01.2023 in connection with Saurbazar (Baijnathpur) P.S. Case No. 03 of 2023, F.I.R. dated 02.01.2023 for the offences punishable under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. According to prosecution case, this petitioner along with other accused persons have shot dead the son of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further

Patna High Court CR. MISC. No.49479 of 2023(3) dt.19-09-2023 2/2 submits that the informant is not the eye witness of the alleged occurrence and during investigation, the statement of the coaccused, namely, Shiva Kumar was recorded in which he has categorically stated that he has fired upon the victim and on his confession the arms has been recovered near the house of the petitioner.

5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor on the basis of material available on record and the case diary have vehemently opposed the prayer for bail of the petitioner and submits that from perusal of the F.I.R it appears that there is direct and specific allegation against the petitioner that he along with other accused persons have fired upon the victim and the postmortem report of the victim suggest that he has received three injuries caused by firearm and the allegation as alleged was also supported the medical evidence.

6. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Saurbazar (Baijnathpur) P.S. Case No. 03 of 2023 pending in the court of learned Additional District Magistrate I, Saharsa. (Rajesh Kumar Verma, J) Vanisha/- U T