Bhola Kumar Jaiswal v. The State Of Bihar

Patna High Court Cr.Misc. No.43582 of 2016 (3) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43582 of 2016 Arising Out of PS.Case No. -245 Year- 2016 Thana -BUXAR District- BUXAR ====================================================== Bhola Kumar Jaiswal S/o Suresh Prasad Jaiswal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar Seth For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody since 08.08.2016 in connection with Buxar (T) P.S. Case No. 245 of 2016 for offences punishable under Sections 147,148,149,341,323,324,302,379 and 506 of the Indian Penal Code.

According to FIR the petitioner and others variously arms intercepted the informant and bitterly assaulted him as a result whereof he died. The reason for assault was that the accused persons wanted to snatch money from the deceased which he had brought after collecting from different customers. The reason for the occurrence is dispute for non payment of the old dues. Learned counsel for the petitioner submits that the petitioner is in custody since 08.08.2016 and there is no specific

Patna High Court Cr.Misc. No.43582 of 2016 (3) dt.19-12-2016 allegation against the petitioner.

On the other hand learned counsel for the informant submits that other eye-witnesses have also supported the occurrence and there is specific statement that the petitioner was carrying a Chaku. The Doctor had found several injuries on the vital parts of the body of the deceased.

Considering the nature of allegation against the petitioner, I am not inclined to grant him bail. Hence the prayer is rejected. However, the petitioner may renew his prayer before the learned lower Court if the trial is not concluded within a period of six months from the date of receipt/production of a copy of this order. (Birendra Kumar, J) Prakash/- U T