Bishun Deo Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38186 of 2021 Arising Out of PS. Case No.-199 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== BISHUN DEO BHAGAT Son of Late Sukai Bhagat Resident of Village - Chauhaniya, P.S. - Madhuban, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-01-2022 Heard Mr. Dhurendra Kumar, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Madhuban PS Case No. 199/2020 registered for the offence punishable under Sections 302/34 of the IPC.

The allegation, as per First Information Report, is that the petitioner along with his two brothers assaulted the husband (full brother of the petitioner) of the informant by means of Lathi due to which he died.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to land dispute. He further submits that one Arti Devi who is wife of

Patna High Court CR. MISC. No.38186 of 2021(2) dt.18-01-2022 2/2 Gagandeo Bhagat has been granted bail by this Court vide Cr. Misc. No. 31411/2020.

Learned counsel next submits that petitioner is in custody since 29.08.2020 and the charge-sheet, in the matter, has been submitted. It is also submitted that from perusal of the postmortem report, it would be evident that only one injury has been found on the head of the deceased.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that assault by means of Lathi on the head of the deceased has been made by the petitioner and others, doctor has opined the cause of death due to shock and hemorrhage caused by hard and blunt substance, I am not inclined to grant regular bail to the petitioner. The same is, hereby, rejected. However, petitioner, if so advised, may renew his prayer for bail after nine months from today if the trial does not record any progress.

(Anil Kumar Sinha, J) perwez U T