Khairul Basar @ Nifikir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30653 of 2021 Arising Out of PS. Case No.-209 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== KHAIRUL BASAR @ NIFIKIR S/o Sheikh Nasim @ Nasim Sheikh R/o village- Senwariya Tola Bharha, P.S.- Chanpatia (Sirisiya O.P.), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bashisth Narain Mishra, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-12-2021 Heard Mr. Bashisth Narain Mishra, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 209 of 2020 registered for the offence under Section 147, 148, 149, 341, 323, 324, 307, 302 of the I.P.C.

The allegation against the petitioner is that he assaulted the nephew of the informant by means of Barchhi along with other accused persons.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and even if the allegation made in the F.I.R. is taken on its face value the petitioner has allegedly assaulted by means of Barchhi but upon perusal of the post -mortem report it would be evident that no pointed injury has been found on the person of the deceased and doctor has opined that the cause of death is

Patna High Court CR. MISC. No.30653 of 2021(3) dt.08-12-2021 2/2 due to hemorrhage and shock i.e. head injury caused by hard and blunt substance.

On the other hand, learned counsel for the State submits that Barchhi is a kind of weapon attached with wooden lathi having pointed portion at the top of the same and major portion of the Barchhi is made of hard and blunt substance from which injury in the nature caused by hard and blunt substance can also take place.

Regard being had to the submissions made by the parties and taking into consideration the fact that there is specific allegation of assault upon the head of the deceased by the petitioner along with other accused persons and the cause of death is ante mortem injuries caused by hard and blunt substance which can also be caused by Barchhi having a wooden Butt, I am not inclined to grant regular bail to the petitioner.

Accordingly, the same is rejected.

(Anil Kumar Sinha, J) praful/- U T