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Patna High CourtCR. MISC./4722/2016rejected

Dayanand Rishi v. The State Of Bihar

2016-03-29Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.4722 of 2016 (4) dt.29-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4722 of 2016 Arising Out of PS.Case No. -565 Year- 2013 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Dayanand Rishi Son of Late Gulabi Rishi resident of village - Bhokraha Baniapatti, P.S. K. Nagar, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Smt. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with K. Nagar P.S. Case No. 565 of 2013 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302 and 504 of the Indian Penal Code.

Allegedly, the petitioner assaulted the father of the informant with Dabiya on his head and co-accused Nago Rishi pierced rod in the hydrosil resulting the father of the informant died.

Submission is of false implication and that admittedly , land dispute is going on between the parties, several cases are pending, co-accused Nago Rishi has been allowed bail by another

Patna High Court Cr.Misc. No.4722 of 2016 (4) dt.29-03-2016 co-ordinate Bench of this Court, the petitioner is an old man and he has voluntarily surrendered on 29.10.2015 and since then he is in custody and, as such, he deserves sympathetic consideration to which the learned A.P.P. opposes by submitting that the doctor has found head injury and allegation of committing murder is against this petitioner.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) sushma/- U T