Chhotelal Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17326 of 2021 Arising Out of PS. Case No.-176 Year-2020 Thana- MAHARAJGANJ District- Siwan ====================================================== Chhotelal Ram aged about 24 years (Male) Son of Hari Ram R/O VillageJigrawan Ke Tola, P.S.-Maharajganj, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nalin Kumar For the Opposite Party/s :
Mr. Ram Sumiran Roy A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
08-07-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Maharajganj P.S. Case No. 176 of 2020, registered for the offence under Section 302/34 of the Indian Penal Code.
As per the prosecution case, this petitioner has given knife blow in the stomach of the deceased, as a result of which, he died on the spot.
It is submitted on behalf of petitioner that petitioner is own brother of the deceased and the informant of the case is father of the deceased and due to petty dispute, altercation took place and on spur of moment, the alleged occurrence has taken place and there was no intention to kill. Petitioner claims clean antecedent and he is in custody since 16.07.2020.
Patna High Court CR. MISC. No.17326 of 2021(2) dt.08-07-2021 2/2 However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is assailant of the deceased and there is specific allegation of giving knife blow against the petitioner, as a result of which, the deceased died. Considering the aforesaid facts and circumstances as well as the fact that there is specific allegation of inflicting knife blow against the petitioner leading to death, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J.) anay U T