Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77946 of 2024 Arising Out of PS. Case No.-784 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Brajesh Kumar S/o Sri Dinesh Singh @ Dinesh Sharma R/o vill - Ibrahimpur, P.S. - Naubatpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Ajeet Kumar, APP For the Informant :

Ms. Prerna Rishi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with S.Tr. No. 528 of 2024 arising out of Naubatpur P.S. Case No. 784 of 2023 instituted for the offences under Sections 147, 148, 149, 323, 302, 385 of the Indian Penal Code and 27 of the Arms Act

3. Prosecution case as emanates from the FIR is that petitioner along with others has brutally assaulted and fired upon the son of the informant leading to his death.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No

Patna High Court CR. MISC. No.77946 of 2024(5) dt.10-01-2025 2/2 specific overt act is alleged against the petitioner. The coaccused person has already been granted regular bail by this Bench vide order dated 28.06.2024 passed in Cr. Misc. No. 44767 of 2024. Charge-sheet has been submitted in this case and charge has also been framed in this case on 19.09.2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.11.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel fo the informant have vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the informant further submitted that there is specific allegation of firing upon the deceased against the petitioner and, therefore, petitioner may not be released on bail.

6. Considering the aforesaid facts and circumstances of the case and the specific allegation of firing upon the deceased against the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T