Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10707 of 2017 Arising Out of PS.Case No. -121 Year- 2016 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ======================================================

1. Binod Kumar Son of Deo Narayan Yadav, Resident of VillageKashipura (Pokhar), P.S.- Magadh Medical, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manisha Prakash For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2017 Heard the parties.

This application is for grant of regular bail in connection with Magadh Medical P.S.Case No.121 of 2016 for the offences under Sections 147, 148, 149, 323, 325,501, 307 and 302 of the Indian Penal Code.

Allegation against the petitioner is that he has assaulted by iron rod on the deceased, who died later on.

It is submitted on behalf of the petitioner that there is allegation of assault against the petitioner and other accused persons but only one iron rod has been seized from the place of occurrence and the petitioner is in custody for about five months. Heard learned A.P.P. also, who has opposed the prayer for bail, stating that there is no specific allegation of assault against

Patna High Court Cr.Misc. No.10707 of 2017 (4) dt.25-04-2017 2/2 the petitioner on the head of the deceased, causing injury and due to which, he died.

Having heard both sides and in view of specific allegation of assault against the petitioner causing injury to the deceased; due to which he died, I am not inclined to grant bail to the petitioner at this stage, however, considering the fact that the petitioner is in custody, let the trial be expedited.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T