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Patna High CourtCR. MISC./63756/2021rejected

Deepak Kumar v. The State Of Bihar

2022-06-15Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63756 of 2021 Arising Out of PS. Case No.-143 Year-2021 Thana- BARUN District- Aurangabad ====================================================== DEEPAK KUMAR Son of Mahendra Singh Resident of Village - Bhopatpur, P.s.- Barun, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh,Sr. Advocate Mr. Bhaskar Shankar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

The petitioner apprehends his arrest in connection with Barun P.S. Case no. 143 of 2021 registered under sections 302, 307, 379 and other allied section of the Indian Penal Code. The main submission advanced by learned senior counsel for the petitioner is that there is no specific allegation against the petitioner. The allegations against the petitioner and others are general and omnibus in nature. In support of his contention, learned senior counsel relies on the post mortem report and injury reports brought on record as Annexures 2 and 3 series. The petitioner has clean antecedent and a co-accused

Patna High Court CR. MISC. No.63756 of 2021(2) dt.15-06-2022 2/2 person has been granted regular bail by coordinate bench of this court.

Learned counsel for the informant has vehemently opposed the bail petition and submitted that accused persons including the petitioner firstly assaulted brother of the informant and others and in the meantime, deceased came out from the house and thereafter, accused persons started assaulting him and there is specific allegation against the petitioner also in last portion of the FIR.

Heard both sides and perused the FIR. Present case relates to murder and manner of occurrence described in the FIR makes the occurrence to be serious in nature as same shows the occurrence having been committed in a planned manner and there is specific allegation against the petitioner also and the case is under investigation. In my view, petitioner does not deserve anticipatory bail and accordingly his prayer for anticipatory bail stands rejected.

(Shailendra Singh, J) s.hassan/- U T