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Patna High CourtCR. MISC./15140/2019rejected

Loha Rajbanshi v. The State Of Bihar

2019-05-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15140 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- HASPURA District- Aurangabad ====================================================== LOHA RAJBANSHI, Son of Kailash Rajbanshi, Resident of Village - Bhatahn Bigha, P.S. - Haspura, Distt - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey For the Opposite Party/s :

Mr. Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 323, 325, 307 and 302/34 of the Indian Penal Code.

Petitioner allegedly caused injury at the head of the husband of the informant with a hard blunt substance causing his death during course of treatment.

Submission is that the petitioner is in custody since 22.06.2018. Investigation of the case is already complete. Petitioner is ready to cooperate with the trial. The alleged act of the petitioner does not make out a case of commission of intentional death.

Considering the fact that petitioner had knowledge that his act might cause death, I am not inclined to enlarge him

Patna High Court CR. MISC. No.15140 of 2019(3) dt.15-05-2019 2/2 on bail for the present in connection with Haspura Police Station Case No. 118 of 2018 pending in the court of learned 3rd Additional Sessions Judge, Aurangabad.

Hence, prayer for bail is refused.

However, the petitioner may renew his prayer for bail after framing of the charges before the learned court below itself.

(Birendra Kumar, J) Kundan/- U T