Umesh Prasad Doctor @ Umesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35425 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -PARSABAZAR District- PATNA ======================================================

1. Umesh Prasad Doctor @ Umesh Prasad son of Lal Das Prasad resident of Chanakya Colony, Nathupur, Parsa Bazar, Police Station - Parsa Bazar, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 30.04.2017 in connection with Parsa Bazar P.S. Case No. 15 of 2017 for offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that his son was taken by three co-accused persons to show the land where co-accused Gautam Kumar along with other persons was standing there. After some time, informant heard a gun-shot and later on he found his son dead.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent. He is a

Patna High Court Cr.Misc. No.35425 of 2017 (3) dt.18-08-2017 2/2 handicapped person and not named in the First Information Report and his name surfaced on the confessional statement of co-accused Rajesh Kumar which has no evidentiary value in the eye of law. However, learned APP for the State opposes the prayer for bail stating there in that petitioner is a master mind and Roshan Kumar was a contract killer who was engaged by the petitioner. Considering the facts and circumstances and the materials on record, I am not inclined to grant bail to the petitioner at this stage and accordingly his prayer stands rejected in connection with Parsa Bazar P.S. Case No. 15 of 2017 pending before learned Judicial Magistrate-cum-ACJM, Patna. (Nilu Agrawal, J) sushma/- U T