Deva Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55892 of 2024 Arising Out of PS. Case No.-96 Year-2023 Thana- SHAHKUND District- Bhagalpur ====================================================== DEVA KUMAR SON OF SRI VIJAY RAY Resident of Village - Shivshankarpur, P.S. - Shahkund, District - Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devika Rani For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-01-2025 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends arrest in connection with Shahkund P.S. Case No.96 of 2023 registered for the offence under Sections 147, 149, 341, 323, 307, 448, 354, 379 of the Indian Penal Code and later on Section 302 of the IPC was added.

3.

The allegation against the petitioner along with other co-accused persons is to have assaulted the informant and his family member by means of lathi, danda, garasa, etc. It is further alleged that the informant has died later on. 4.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated

Patna High Court CR. MISC. No.55892 of 2024(2) dt.17-01-2025 2/2 in the present case. It is submitted that no specific allegation as regard to causing injury has been levelled against this petitioner. It is submitted that nothing incriminating has been recovered during course of the investigation against this petitioner, which may connect him prima facie with the present case It is submitted that petitioner is a man of clean antecedent. 5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

In view of the submissions, as made above and as there is specific allegation as regard to assault upon the informant/deceased against this petitioner, this Court is not inclined to grant bail to the petitioner, at present. 7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

(Ramesh Chand Malviya, J) S.Katyayan/- U T