Jayant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56265 of 2024 Arising Out of PS. Case No.-143 Year-2023 Thana- RUPAULI District- Purnia ====================================================== Jayant Kumar S/O Sri Hari Shankar Singh @ Hari Shankar Sinha R/O Village- Tillah, P.S- Chousa, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Rupauli (Mohanpur) P.S. Case No.143 of 2023 instituted under Sections 302, 120(B) & 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons assaulted the husband of the informant by iron rod due to which he sustained injury on his head and died on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to family dispute. The deceased is the own uncle of the petitioner. The allegation is not corroborated with the legal evidence. The petitioner has one criminal antecedent in which

Patna High Court CR. MISC. No.56265 of 2024(3) dt.25-09-2024 2/2 final form has already been submitted. The petitioner undertakes to co-operate in the investigation and the trial.

5. Learned APP for the State as well as learned counsel for the informant vehemently opposed the bail application and submits that there is direct allegation against the petitioner in killing of the victim, who is own uncle of the petitioner. It appears that earlier also the petitioner had filed an anticipatory bail in this Court in Cr. Misc. Case No.66215 of 2023, along with other co-accused persons in which the petitioner has withdrawn his application.

6. Considering the facts and circumstances of the case and the averments made on behalf of learned counsel for the parties and considering the direct allegation against the petitioner in killing of the victim, this Court is not inclined to entertain the petitioner on anticipatory bail.

7. Accordingly, the present bail application stands rejected.

(Sunil Dutta Mishra, J) durgesh/- U T