Patna High CourtCR. MISC./16020/2020dismissed

Rameshwar Hansda v. The State Of Bihar

2020-07-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16020 of 2020 Arising Out of PS. Case No.-27 Year-2019 Thana- BHAWANIPUR District- Purnia ====================================================== RAMESHWAR HANSDA S/o Sri Shankar Hansda R/o village- Bhelwa, P.S.- Bhawanipur, District- Purnea ... Petitioner

Versus

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

For the Petitioner :

Mr.Amit Kumar Anand, Advocate For the Opposite Party :

Sangeeta Sharma, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 302/307 and other allied sections of the Indian Penal Code.

Prosecution's case, in brief, is that on 22.2.2019 at about 2 PM the petitioner and other accused persons were digging a ditch in the informant's field and when the same was objected, all of the them assaulted the informant, his father and other family members with lathi, danda and iron rod. In the morning, informant's father was taken to the hospital for treatment where the doctors declared him brought dead. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case. Parties are next door neighbour and they have land dispute. There is general and omnibus allegation against the petitioner. Petitioner has got no criminal antecedent.

Learned counsel for the State opposes the prayer for bail. He submits that the petitioner and other accused persons brutally assaulted the victim as a result of which he died. Post mortem report also corroborates the prosecution's story as it records that the victim sustained injuries caused by hard and blunt sustenance.

Patna High Court CR. MISC. No.16020 of 2020(2) dt.15-07-2020 2/2 Considering the nature of allegation, prayer for anticipatory bail to the petitioner is refused with direction to surrender and seek regular bail which would be considered on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T