Abhijit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73319 of 2022 Arising Out of PS. Case No.-58 Year-2022 Thana- TIKAPATTI District- Purnia ====================================================== 1.

ABHIJIT KUMAR S/o Yogendra Mandal R/o Village- Dumari, P.S.- Tikkapatti, Distt- Purnea.

2.

AKSHAY KUMAR S/o Yogendra Mandal R/o Village- Dumari, P.S.- Tikkapatti, Distt- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhas Ranjan, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2023 Heard the learned counsel for the petitioners and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Tikapatti P.S. Case No.58 of 2022, registered for offences under Sections 147, 149, 323, 365 and 302 of the IPC. The allegation is regarding the accused persons, including the petitioners herein having assaulted the son of the informant on the alleged date and time of the occurrence, resulting in his death.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present

Patna High Court CR. MISC. No.73319 of 2022(2) dt.29-04-2023 2/2 case and they are having clean antecedent. The learned counsel for the petitioners has submitted that a general and omnibus allegation has been levelled against the petitioners, hence, the petitioners be granted the privilege of anticipatory bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case as also taking into consideration the materials available on record, this Court finds that there is serious allegation of assault by the accused persons, including the petitioners herein, resulting in death of the son of the informant on account of the injuries sustained by him, hence, I do not find any merit in the present petition, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) kanchan/Saurav U T