Jugeshwar Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4857 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== JUGESHWAR BHUIYAN S/o Late Somar Bhuiyan Vill- Meh, Bhuiyan Tola, p.s. Narari Kala, Dist.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code.

The prosecution case, in brief, is that in the backdrop of quarrel between children, informant's father was given lathi blow on the head by the accused persons, as a result of which, he sustained injury and died in course of treatment. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 05-10-2018. Charge sheet has already been submitted. The petitioner has falsely been

Patna High Court CR. MISC. No.4857 of 2019(3) dt.22-04-2019 2/2 implicated in the present case. The alleged occurrence is said to have taken place due to petty reason. The petitioner is said to have given single Lathi blow which led to death of the deceased. There is no repetition of blow alleged against the petitioner. No offence under Section 302 IPC is made out against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The fatal blow is said to have been given by the petitioner which caused death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Narari Kala Khurd P.S. Case No. 34 of 2018 is rejected.

The trial court is directed to expedite the trial and conclude the same as early as possible, preferably within a period of one year from the date of receipt/production of copy of this order.

(Sudhir Singh, J) A.K.V.//- U T