Vikash Paswan @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60428 of 2024 Arising Out of PS. Case No.-573 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== Vikash Paswan @ Vikash Kumar Son of Rajendra Paswan Vill.- Rupnagar, Ward No.- 05, P.S.- Barauni Chakia, Dist.- Begusarai, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kanchan Kumari, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 120(B)/ 34 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of murder of the son of the informant and the deceased died inside Nursing Home behind Durga Asthan, Begusarai.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is named in the FIR and informant is not an eye witness of the alleged occurrence. He further submits that petitioner has two criminal antecedents as

Patna High Court CR. MISC. No.60428 of 2024(5) dt.31-01-2025 2/2 stated in Para-3 of his bail petition.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner has got two criminal antecedents and he has active participation in the alleged crime of murder of the son of the informant.

6. On perusal of the First Information Report and impugned order dated 31.05.204, it appears that the petitioner is named in the FIR and he has got two criminal antecedents and witnesses at para 12 and 13 have also supported the case of the prosecution and the name of this petitioner was also involved in this murder case. Para 52 is the post-mortem report of deceased Chandan Kumar suggests that the cause of death was due to Neurogenic and Hemorrhagic shock injuries caused by heavy, hard and blunt object as stated in the impugned order, so I am not inclined anticipatory bail to the petitioner.

7. Accordingly, the anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Harshita/- U T