Patna High CourtCR. MISC./43476/2015rejected

Md. Sajid @ Pintu v. The State Of Bihar

2015-09-29Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.43476 of 2015 (3) dt.29-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43476 of 2015 Arising Out of PS.Case No. -304 Year- 2014 Thana -BARHARIA District- SIWAN ======================================================

1. Md. Sajid @ Pintu Son of Late Md. Jabir Ali Resident of Village - Dindayalpur, P.S.- G.B. Ngar, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s Mr. Navin Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 29.09.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Although deceased was assaulted by one other accused but there is specific allegation against this petitioner that he gave Gupti blows to the deceased causing injury on his waist and other parts of the body.

Learned counsel for the petitioner submits that post mortem report of the deceased does not corroborate the allegation because no penetrated wound was found on the person of the deceased and it is well known that Gupti is pointed weapon.

On the other hand, learned counsel for the informant opposes the prayer pointing out that third injury found on the person of the deceased has been caused by penetrated weapon because nature of the aforesaid injury clearly reflects the aforesaid fact. Regard being had to the facts and circumstances as well as

Patna High Court Cr.Misc. No.43476 of 2015 (3) dt.29-09-2015 submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Barhariya (G.B. Nagar) P. S. case no. 304/2014 corresponding to Sessions Trial no. 03/2015 pending in the court of the Adhoc. Sessions Judge, Siwan stands rejected.

shahid (Hemant Kumar Srivastava,J) U T