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Patna High CourtCR. MISC./53630/2022dismissed

Arbind Kumar v. The State Of Bihar

2023-01-17Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53630 of 2022 Arising Out of PS. Case No.-169 Year-2021 Thana- HALSI District- Lakhisarai ====================================================== ARBIND KUMAR Son of Ishwar Yadav R/V- Koli Parsama, P.S- Halsi, DistLakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is apprehending arrest in connection with Halsi P.S. Case No. 169 of 2021 under sections 302/34 of the Indian Penal Code.

As per the prosecution story, the allegation is that the accused persons came and abused the informant and her husband and on protest, it is alleged that Dilip Kumar opened fire causing injury on the chest of the informant's husband. Subsequently, the allegation against Rajesh Kumar that he opened fire as a result of which, the husband died on the spot. The police investigated the matter and complicity

Patna High Court CR. MISC. No.53630 of 2022(2) dt.17-01-2023 2/2 of the persons also came into the picture and as per the observation made by the learned Sessions Judge in different paragraphs of the case diary, it has been found that the petitioner was also involved in the murder of the husband of the informant and further from the CDR of the mobile, it appears that he was in active collusion with the other co-accused of this case, in conspiracy with each other, committed the murder of the husband of the informant.

Considering the nature of the allegation and during the investigation, the petitioner has been found to be a conspirator to the said crime, this Court is not inclined to grant him the privilege of bail and the petition stands rejected. (Rajiv Roy, J) Ravi/- U T