Golu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.7184 of 2018 (5) dt.28-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7184 of 2018 Arising Out of PS.Case No. -574 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Golu Kumar S/o Chhotelal Mahto, R/o Mohalla- Naya Bazar, P.S.- Bettiah Town (Kalibagh O.P.), District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Nath Verma For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 28-03-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 21.8.2017, seeks bail in Bettiah Town (Kalibagh) PS Case No. 574 of 2017 registered under Sections 302, 34 and 120B of the IPC.

The allegation in brief is that the informant's brother was called from his home by one Amit Kumar and taken to another place where all the accused persons assaulted him with knife and the petitioner is alleged to have given a knife blow which hit him on his left hand.

Learned Counsel for the petitioner submits that the FIR was instituted on 4.8.20127 but it was sent to the court on 7.8.2017, there is only allegation against the petitioner of giving a knife blow on hand of the deceased, moreover there is also no enmity between the petitioner and the deceased.

Whereas learned Counsel for the State submit that a number of persons including the petitioner assaulted indiscriminately to the deceased as a result of which he died on the spot. Having considered the said facts and circumstances and the nature of offence, the prayer for bail of the petitioner is rejected. The trial court is directed to expedite the trial. Snkumar/- (Arun Kumar, J) U T