Prince Kumar @ Deepak Kumar @ Dipak Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54765 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- PANDARAK District- Patna ====================================================== Prince Kumar @ Deepak Kumar @ Dipak Kumar Singh Son of Chnadrika Singh R/O Vill.- Puranbigha, P.s.- Pandarak, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Manoj Kumar Pandey, Advocate For the State :

Mr. Ramchandra Sahni, APP For the Informant :

Mr. Sabal Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2024 Heard learned counsels for the parties.

2. Petitioner seeks bail in a case registered for the offence punishable under Sections 328, 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant, namely Kanchan Devi, alleges that on 17.01.2024 at about 20:00 hours, her son, namely Prem Kumar, had left her house but did not return. Thereafter, on 18.01.2024 at about 6 PM, this petitioner brought son of informant in an unconscious condition and told the informant that her son came to his house at 3 AM and fell unconscious and thereafter, he took him to the hospital where the doctor declared him dead. Informant suspects that all the accused persons, including this petitioner, killed her son by

Patna High Court CR. MISC. No.54765 of 2024(4) dt.06-12-2024 2/2 poisoning.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on suspicion. Informant is not an eye witness of the alleged occurrence. As a matter of fact, son of informant was a drug addict and died a natural death. Petitioner has got no criminal antecedents and he is in custody since 04.03.2024. Moreover, change-sheet has already been submitted.

5. On the other hand, learned counsel for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is named in the F.I.R. and he brought son of informant to her house in unconscious condition and has not explained under what circumstances, son of informant became unconscious.

6. Considering the aforesaid facts and circumstances and nature of accusation, the prayer for grant of bail to the petitioner is rejected.

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