Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53679 of 2022 Arising Out of PS. Case No.-172 Year-2022 Thana- KATIHAR GRP CASE District- Katihar ====================================================== VIKASH KUMAR Son of Ramesh Paswan R/o Lalyahi, P.S- Katihar(S), Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-03-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Katihar Rail P.S. Case No. 172 of 2022, registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

As per allegation, the nephew of the informant, Hari Om Chaudhary went to meet her friend Anshu Jha. Thereafter, the informant attempted to search his nephew but he did not find any trace. One Nand Lal Chaudhary who was

Patna High Court CR. MISC. No.53679 of 2022(4) dt.18-03-2023 2/3 working at the Katihar Railway Station has apprised the informant that the dead body of a person was recovered from South Nayi Bridge at Katihar Station which was the dead body of the deceased Hari Om Chaudhary.

The learned counsel for the petitioner has submitted that except the confessional statement of the petitioner as well as the co-accused Navin Kumar there is nothing against the petitioner in the entire case diary.

On the other hand, the learned Addl.P.P. has opposed the prayer for bail.

The petitioner in his confessional statement has given vivid description of the entire occurrence, in which he has confessed his complicity in commission of murder of the deceased. He has mentioned that co-accused Vipul Rai inflicted repeated lathi blows on the person of the deceased and the petitioner along with co-accused Navin Rai and Krishna Kumar snatched his bag. Post-mortem report shows that five injuries which are penetrating wound were found on the person of the deceased which corroborates that it were the injury caused by pointing weapon. The investigation is still continuing. Considering the above-mentioned facts and circumstances, I do not think it to be a fit case for bail.

Patna High Court CR. MISC. No.53679 of 2022(4) dt.18-03-2023 3/3 Accordingly, it is rejected.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T