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Patna High CourtCR. MISC./18980/2019dismissed

Kundan Kumar v. The State Of Bihar

2019-06-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18980 of 2019 Arising Out of PS. Case No.-336 Year-2016 Thana- SARAIYA District- Muzaffarpur ====================================================== KUNDAN KUMAR S/o Chandeshwar Singh, Resident of VillageGopinathpur Dokara, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2019 Heard the parties.

This application is for grant of regular bail in connection with Saraiya P.S.Case No.336/16 for the offences under Sections 302/201 of the Indian Penal Code. Allegation against the petitioner is that he forcibly drown the son of the informant in the Canal.

Submission of the learned counsel for the petitioner is that the independent witnesses have not supported the prosecution case and as the petitioner has participated in the panchayati, as such, he has been implicated in this case. Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that some witnesses have also supported the prosecution case and apart from that the postmortem report discloses that there

Patna High Court CR. MISC. No.18980 of 2019(3) dt.21-06-2019 2/2 are some injuries on the person of the deceased. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner , however, he may pray for regular bail, which will be considered on its own merit without being prejudiced by the order of this Court.

With the above direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T