Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68850 of 2021 Arising Out of PS. Case No.-319 Year-2020 Thana- BIHIA District- Bhojpur ====================================================== 1.
Deepak Kumar Son of Hareram Singh Resident of village - Dharhara Mushahar Toli, Ward No.- 8 Bihiya, P.S.- Bihiya, District - Bhojpur. 2.
Golu Kumar @ Sonu Kumar Son of Hareram Singh Resident of village - Dharhara Mushahar Toli, Ward No.- 8 Bihiya, P.S.- Bihiya, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoranjan Kumar For the Opposite Party/s :
Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2022 Heard both parties.
The petitioners apprehend their arrest in Bihiya P.S. Case No. 319 of 2020, registered for the offences punishable under Sections 302, 307 and other allied sections of the Indian Penal Code.
As per the prosecution case, these petitioners along with co-accused Ankit assaulted the father of informant with irod rod, bat and wicket as a result of he died during course of treatment.
It is submitted that petitioners have committed no offence as alleged in the FIR. Allegation against petitioners are totally false and baseless. Moreover, there is delay of three days
Patna High Court CR. MISC. No.68850 of 2021(3) dt.28-07-2022 2/2 in lodging of the FIR without any plausible explanation. FIR has been lodged after preparation of inquest report. Petitioners have got clean antecedents.
Counsel for the State however, vehemently opposed the prayer for bail and submitted that it is a case of murder. Accused persons are named in the FIR and there is specific allegation of overt act has been attributed against petitioners. Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T