Sagar @ Sagar Kumar Mali @ Sagar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.324 of 2025 Arising Out of PS. Case No.-771 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.
Sagar @ Sagar Kumar Mali @ Sagar Kumar Son of Late Ratan Kr. Malakar Residents of Mohalla- Bhabhua, Ward No. 13, Police Station- Bhabhua, District- Kaimur at Bhabhua.
2.
Munna @ Munna Kumar @ Dilip Singh Kushwaha Son of Late Indra Chand Singh Kushwaha Residents of Mohalla- Bhabhua, Ward No. 13, Police Station- Bhabhua, District- Kaimur at Bhabhua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2025 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in case registered for the offences punishable under Section 103/3(5) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, on the alleged date and time of occurrence, these petitioners along with other F.I.R. named accused person came on motorcycle and inflicted knife blow on the neck of son of informant due to which he died during course of treatment.
4. Learned counsel for the petitioners submits that allegation of inflicting knife is general and omnibus and there is
Patna High Court CR. MISC. No.324 of 2025(2) dt.04-02-2025 2/2 no allegation of specific overt act against these petitioners. During investigation, co-accused Shaktiman has admitted that he inflicted knife blow injury. Petitioners claim clean antecedent.
5. However, learned A.P.P. for the State vehemently opposed the bail application and submitted that petitioners are named with specific accusation that they along with other F.I.R. named accused person inflicted knife blow injury as a result of which son of the informant died.
6. Considering the nature of accusation and gravity of the offence, prayer for anticipatory bail of the petitioners is refused.
(Prabhat Kumar Singh, J) Navya/- U T