Faudar Prasad @ Fauzdar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62367 of 2021 Arising Out of PS. Case No.-781 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== FAUDAR PRASAD @ FAUZDAR PRASAD Son of Late Ramchandra Prasad Resident of Village - Godha Semra, P.s.- Majhaulia, Distt.- 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.Bhanu Pratap Singh Mr. Abhishek Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused persons assaulted the grand father of the informant by means of Lathi, fists and slaps as a result of which he sustained injuries and died during the course of treatment. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Allegation of assault is general and omnibus. The occurrence took place due to land dispute.

Patna High Court CR. MISC. No.62367 of 2021(2) dt.11-07-2022 2/2 Learned counsel appearing for the State and the informant opposed the prayer for anticipatory bail and submitted that there is specific allegation against this petitioner that he assaulted the grand father of informant by means of Lathi on his head as a result of which he died. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T