Dismissed¶16

Aditya Kumar @ Ashu v. The State of Bihar

Patna HC4 Dec 2024CR. MISC./33975/2024

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.33975 of 2024, decided 04-12-2024, Rajiv Roy, J. Bail/custody petition rejected. Offences: Sections 341, 323, 324, 307, 504, 506/34 IPC; Maniyari PS Case No. 353 of 2022, district Muzaffarpur; informant Prakash Raj; alleged ransom-demand motive and repeated knife blows to abdomen, ICU treatment; brutal assault evidenced by case-diary photograph; trial advanced with six of seven prosecution witnesses examined; petitioner Aditya Kumar @ Ashu claimed innocence, no criminal antecedents, agnatic relationship with informant; petition rejected, petitioner to face trial.

What did the court decide?

On perusal of the facts, submissions and the case diary, including the photograph of the injured informant, the Court found that the injured had been brutally assaulted by the petitioner. ¶14

Aditya Kumar @ Ashu Vs The State of Bihar — Patna HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33975 of 2024

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Arising Out of PS. Case No.-353 Year-2022 Thana- MANIYARI District- Muzaffarpur

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======================================================

¶4

Aditya Kumar @ Ashu SON OF AJEET KUMAR @ AJIT KUMAR THAKUR RESIDENT OF VILLAGE- AAGANAGAR, PS- MANIYARI, DIST- MUZAFFARPUR

¶5

Versus

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The State of Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar, Advocate For the Opposite Party/s : Mr.Jagdhar Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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4 04-12-2024 Heard the parties.

¶10

The petitioner is in judicial custody in connection with Maniyari P.S. Case No. 353 of 2022 for the offence punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code lodged on 28.10.2022 by the informant, Prakash Raj.

¶11

As per the prosecution story, the informant alleged that the petitioner came to his house and wanted money. Upon his query, as to why, the money is being asked for, the petitioner stated that his father used to pay ransom which he also has to follow. Upon his refusal, he took out his knife and gave repeated blows in the abdomen which led to the injuries and shifting to the ICU. Accordingly, the FIR.

¶12

Patna High Court CR. MISC. No.33975 of 2024(4) dt.04-12-2024 2/2

¶13

Though, the learned counsel for the petitioner tried to impress upon this Court about his innocence submitting that he do not have criminal antecedent and both the petitioner and the informant are agnates, the learned APP has taken this Court not only to the photograph of the injured which is part of the case diary, he submits that even the Trial Court is moving in a pace and out of seven prosecution witnesses, six witnesses have already been examined.

¶14

The Court has gone through the facts of the case, the submissions of the parties and have also perused the case diary including the photograph of the injured which clearly show how brutally he has been assaulted by this petitioner.

¶15

It would be appropriate in the said circumstances that he faces the trial.

¶16

The petition stands rejected.

¶17

(Rajiv Roy, J)

¶18

Ravi/-

¶19

U T

Aditya Kumar @ Ashu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Aditya Kumar @ Ashu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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