Patna High CourtCR. MISC./61073/2021bail rejected

Vikash Kumar v. The State Of Bihar

2022-08-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61073 of 2021 Arising Out of PS. Case No.-781 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== VIKASH KUMAR Son of Faudar Prasad @ Fauzdar Prasad Resident of Village - Godha Semra, P.S. - Majhaulia, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.III For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-08-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 325, 307, 302 and 34 of the Indian Penal Code.

As per the prosecution case, the F.I.R. named accused persons including this petitioner are alleged to have assaulted grand father of informant by leg and fist. This petitioner is alleged to have assaulted informant's grandfather with bamboo, as a result of which, during course of treatment, he died. It is submitted on behalf of petitioner that there is case and counter case and both sides are pattidars. Though, there is allegation of assault by five persons including petitioner, but no such corresponding injury has been found on the person of deceased. Similarly situated two co-accused have already been granted anticipatory bail.

Patna High Court CR. MISC. No.61073 of 2021(3) dt.16-08-2022 2/2 However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific allegation of assault against this petitioner, as a result of which, grandfather of the informant died. Post-mortem report also corroborates the allegation.

Considering the nature of accusation and post-mortem report of the deceased, the prayer for anticipatory bail of petitioner is rejected.

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