Bikash Kumar vs The State Of Bihar
2022 Latest Caselaw 5471 Patna

        IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No. 56736 of 2022
         Arising Out of PS. Case No.-100 Year-2022 Thana- GHOSWARI District- Patna
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Bikash Kumar, aged about 28 years, Male Son of Ram Naresh Mahto, Resident of Village- Ghoswari, P.S.- Ghoswari, District- Patna.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-12-2022

The matter has been heard through video conferencing.

2. Heard Mr. Ashok Kumar Kashyap, learned counsel

for the petitioner and Mr. Bharat Lal, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner who is in custody seeks bail in

connection with Ghoswari PS Case No.100 of 2022 dated

07.07.2022 instituted under Sections 341, 323, 324, 326, 307 and

504/34 of the Indian Penal Code.

4. The allegation against the petitioner is that he had

given knife to the co-accused by which the co-accused had

inflicted knife blow on the son of the informant leading to his

death.

Patna High Court CR. MISC. No.56736 of 2022 dt.23-12-2022

5. Learned counsel for the petitioner submitted that he

has been falsely implicated and the only allegation is that he

provided the knife to the co-accused Ram Naresh Mahto, who had

inflicted the blow. It was submitted that the petitioner having no

criminal antecedent is in custody since 07.07.2022.

6. Learned APP submitted that the petitioner was the

person who brought the knife and gave it to the co-accused who in

turn inflicted the blow in the abdomen of the son of the informant

and thus clearly he had an active role in the crime.

7. Having considered the submissions of learned counsel

for the parties and taking into account the fact that as per the

allegation, it is the petitioner who gave the knife to the co-accused

who in turn inflicted a blow from the same in the stomach of the

son of the informant, the Court is not inclined to enlarge the

petitioner on bail.

8. Accordingly, the application stands dismissed.

9. Let the trial be expedited.

(Ahsanuddin Amanullah, J)

Anand Kr.

AFR/NAFR U T