Upendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59856 of 2021 Arising Out of PS. Case No.-83 Year-2021 Thana- GOVINDPUR District- Nawada ====================================================== Upendra Chaudhary Son of Kulo Chaudhary Resident of Village- Baksoti, P.S.- Govindpur, District- Nawadah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sinha For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2022 Heard both parties.

The petitioner apprehends his arrest in Govindpur P.S. Case No. 83 of 2021, registered for the offences punishable under Sections 302, 201 and 120(B) of the Indian Penal Code. Prosecution case in brief is that this petitioner along with co-accused persons committed murder of brother of informant.

It is submitted that there is general and omnibus allegation and no specific overt act has been alleged against this petitioner. Informant is not eye-witness to the occurrence and only on suspicion this petitioner has been made accused in this case. Petitioner has got clean antecedent.

However, counsel for informant vehemently opposed the prayer for bail and submitted there is specific accusation that

Patna High Court CR. MISC. No.59856 of 2021(2) dt.05-07-2022 2/2 this petitioner along with other accused persons committed murder of brother of informant by cutting his neck. Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T