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Patna High CourtCR. MISC./15771/2015dismissed

Jawed Alam @ Bhuttu v. The State Of Bihar

2015-06-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15771 of 2015 Arising Out of PS.Case No. -233 Year- 2013 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jawed Alam @ Bhuttu Son of Ashab Alam, Resident of Baxa, P.S.- Sugauli, District- East Champaran .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Krishna Kant Singh, Adv. For the Opposite Party : Mr. Raj Ballabh Singh (App) For the informant : Mr. Awadhesh Kumar Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 Heard the learned counsel for the petitioner, informant and the State.

This is a petition for grant of regular bail for offence under Sections 147, 148, 149, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code and Section 302 of the Indian Penal Code was added subsequently.

It has been submitted on behalf of the petitioner that as per the first information report only single blow by the iron rod is said to have been given upon the head of the deceased. It is, further, submitted that no repeated blow has been made which could indicate that the petitioner had any intention to kill the deceased. It has, further, been submitted that the death is said to have been taken place after four days of the alleged occurrence. It is, further, submitted that the petitioner has got no criminal antecedents and is in jail since 21.11.2014.

Patna High Court Cr.Misc. No.15771 of 2015 (2) dt.09-06-2015 2/2 It is, further, submitted by the counsel for the petitioner that it is a case and counter case. On behalf of the State and counsel for the informant it has been submitted that the injury caused by the petitioner was the fatal injury for the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.

The prayer for bail is rejected.

Any how, if so advised, the petitioner may renew his prayer for bail, after completion of one year in custody.

(Sudhir Singh, J) SA/- U √ T √