Birbal Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.205 of 2020 Arising Out of PS. Case No.-141 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== BIRBAL MUKHIYA Son of Jiut Mukhiya Resident of Village - Amwa Majhar, P.S.- Bettiah (M), Distt.- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Digvijay Kumar Ojha For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2020 Heard the parties.

The petitioner seeks regular bail in connection with Bettiah (M) P.S.Case no.141 of 2019 dated 17.3.2019 registered for offences punishable under Section 302 of the Indian Penal Code.

Prosecution case is that petitioner had scuffle with one Lal Babu Mukhiya and he assaulted him due to which he succumbed to the injuries.

Submission of the learned counsel for the petitioner is that there was no motive behind the occurrence and also there is no eye witness . He has been implicated only on suspicion. Petitioner is in custody since 17.3.2019.

Heard learned A.P.P. , who has opposed the prayer for bail

Patna High Court CR. MISC. No.205 of 2020(3) dt.20-02-2020 2/2 on the ground that the prosecution case is supported by the postmortem report and the injury was found on the head due to which he died..

Having heard both sides and considering the above, I am not inclined to grant bail to the petitioner at this stage. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T