Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36652 of 2015 Arising Out of PS.Case No. -89 Year- 2015 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Ravi Kumar Son of Shio Shanker Prasad Gupta Resident of village - Riv Purani Bazar, Near T.P. Verma College, Narkatiyaganj, P.S. Shikarpur, District - West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Anita Kri.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-12-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.
The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 323, 302, 325, 307, 506, 509 and 120 (B) of the I.P.C Allegedly, Jawed Akhtar, the son of the informant, was working in the Jai Ambey Medico Medical Store as caretaker, on 27.02.2015 at 10 P.M. the petitioner along with other FIR named accused person came there and started assaulting son of the informant then the informant came there and saw the petitioner
Patna High Court Cr.Misc. No.36652 of 2015 (3) dt.02-12-2015 2/3 and Dhruv Sah being armed with iron rod inflicted the rod injury over the head of Jawed Akhtar and further they assaulted Suraj Kumar and other salesmen along with one Sheikh Shahid who intervened into the matter. Jawed Akhtar succumbed to the injury in M.J.K. Hospital, Bettiah, while Sheikh Shahid was referred to P.M.C.H. Patna.
Submission is of false implication and that the petitioner and others have been falsely implicated, the petitioner had no intention to cause death of the informant's son. Due to business rivalry there was free fight between the parties. During investigation witness Gaurav Kumar in paragraph-9 of the case diary has stated that Dhruv Sah was the assailant and not the petitioner and as such the petitioner who is suffering in custody since 03.03.2015 deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that other witnesses and father of the deceased have stated that the petitioner was also the assailant and has assaulted with iron rod on the head of the deceased.
In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with
Patna High Court Cr.Misc. No.36652 of 2015 (3) dt.02-12-2015 3/3 Shikarpur P.S. Case No. 89 of 2015 pending in the court of C.J.M. Bettiah, West Champaran.
However, the trial court is directed to conclude the trial after keeping the same on priority basis preferably within six months.
(Jitendra Mohan Sharma, J) Abhay/- U T