Ramu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69598 of 2022 Arising Out of PS. Case No.-199 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== RAMU BHAGAT S/o Late Shukai Bhagat R/v- Chauhaniya, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 302, 34 of the Indian Penal Code.

As per the prosecution case, all the accused persons including this petitioner brutally assaulted husband of the informant, due to which, he sustained grievous injury and died. It is submitted on behalf of petitioner that allegation of assault is general and omnibus. Post-mortem report does not support the prosecution case, as the doctor has found only two injuries on the person of deceased, whereas, as per F.I.R., five persons have assaulted the deeased.

However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific and direct allegation against this petitioner of assaulting the deceased, due to which, he died.

Patna High Court CR. MISC. No.69598 of 2022(2) dt.21-03-2023 2/2 Considering the same, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T