Shishupal Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.34295 of 2018 (2) dt.26-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34295 of 2018 Arising Out of PS.Case No. -788 Year- 2017 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Shishupal Kumar, Son of Arun Kumar, Resident of Village- Pendapur, P.S.- Hilsa, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Prasad For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-06-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State as also the learned Counsel appearing on behalf of the informant.

Petitioner, already in custody since 10.1.2018, seeks bail in Hilsa PS Case No. 788 of 2017, registered under Sections 447, 323, 325 and 302/34 of the IPC.

The allegation in brief is that the accused persons assaulted the deceased who are own brother, nephew and father of the deceased; the specific accusation against this petitioner is that he gave an iron rod blow on the head of the deceased leading to his death. Submission is that the petitioner has falsely been implicated in this case, he had only come to rescue and has falsely been implicated.

Whereas learned Counsel appearing on behalf of the informant submits that there is specific accusation against the petitioner of giving iron rod blow several times over the head and the post mortem report indicates that due to head injury caused by the petitioner death was caused.

Having considered the specific accusation against the petitioner of killing the deceased the prayer for bail of the petitioner is rejected.

(Arun Kumar, J) Snkumar/- U T