Suresh Bind @ Suresh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30865 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Suresh Bind @ Suresh Singh, Son of Late Kedar Bind,

2. Homenath Bind, Son of Late Kedar Bind, Both Resident of VillageJarigawa, Police Station- Buxar (Mufassil), District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rahul Nath For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in custody since 30.05.2017 in connection with Buxar (M) P.S. Case No. 84/2017 for offences punishable under Section 302 and other allied Sections of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he along with his father and brother had gone to attend the marriage ceremony in the family, his brother Avnish took the motorcycle of one Guddu Bind. While returning, the owner of the motorcycle found the motorcycle damaged and asked for compensation of Rs. 10,000/- but the informant's brother gave only Rs. 2,000/-, for which an altercation took place. Petitioners

Patna High Court Cr.Misc. No.30865 of 2017 (3) dt.11-08-2017 2/2 along with nine other accused persons came armed with lathi, danda and when his father Shobhnath Bind came for settling the dispute, he was beaten to death by the petitioners along with other accused persons.

It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal antecedent and the incident happened on the spur of moment. He submits that no specific allegation has been levelled against the petitioners and there are general and omnibus allegations.

However, learned APP for the State opposes the prayer for bail stating therein that the witnesses have supported the prosecution case.

Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioners at this stage in connection with Buxar (M) P.S. Case No. 84/2017, pending in the court of learned Chief Judicial Magistrate, Buxar.

Application is, accordingly, rejected.

(Nilu Agrawal, J) Rajesh/- U T