Bikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60505 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- BELSAND District- Sitamarhi ====================================================== Bikki Kumar Son Of Bharat Mandal Resident Of Village- Bhandari, Ward No. 9, Ps- Belasand, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaidehi Raman Prasad Singh For the Opposite Party/s :

Mr. Ajay Kumar Jha Mr. Vikash Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioner apprehends his arrest in Belsand P.S. Case No. 69 of 2023 registered for the offences punishable under Sections 302/34 of the Indian Penal Code pending in the Court of learned Judicial Magistrate, 1st Class, Sitamarhi.

3. Petitioner along with other accused persons are said to have committed murder of the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.60505 of 2023(3) dt.31-10-2023 2/2 there is no specific overt act against the petitioner. He submits that as per the postmortem report, the cause of death of deceased was due to asphyxia leading to C/R failure. The petitioner has no criminal antecedent as mentioned in para-3 of the bail application.

5. Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail and submitted that the petitioner is also involved in the present case and the anticipatory bail application of similarly situated co-accused has been rejected by this Court vide order dated 31.08.2023 passed in Cr. Misc. No. 52989 of 2023. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T