Rampati Kumar @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73243 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Rampati Kumar @ Santosh Kumar Son of Arvindr Kunwar @ Arbind Singh @ B.P. Singh GH R/O Village- Mithila Nagar Kaliasthan Bisnupur Mohan Eghu, PS - Town Begusarai, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-01-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and specific allegation of assaulting the deceased is against Pankaj Singh and petitioner is in custody since 06.05.2024.

4. Mr. Chandra Bhushan Prasad, learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that from perusal of the allegation as alleged in the FIR, it would manifest that the FIR has been instituted by the mother of the deceased who is an eyewitness to

Patna High Court CR. MISC. No.73243 of 2024(3) dt.18-01-2025 2/2 the occurrence as such it is submitted that no mother would falsely implicate someone who was not involved in killing of her son. It is fairly submitted that no doubt, allegation of assault against the petitioner is not specific as specific allegation of assaulting the deceased is against Pankaj Singh. It is further submitted that if privilege of bail is granted to the petitioner, the petitioner may abscond.

5. At this stage, learned counsel appearing on behalf of the petitioner seeks permission to withdraw the bail application with liberty to renew his prayer for bail after framing of charge.

6. Permission is accorded.

7. Accordingly, the prayer for bail of the petitioner is dismissed as withdrawn in connection with Begusarai Town P.S. Case No. 05 of 2024 pending in the Court of learned Chief Judicial Magistrate, Begusarai/Successor Court. (Satyavrat Verma, J) Kundan/- U T