Pintu Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42396 of 2016 ====================================================== Pintu Kumar Pandey son of Surendra Pandey Resident of Village- Sarafara Pandey Tola, P.S.- Barauli, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Barauli P.S. Case No. 113 of 2016 registered under Sections 147, 148, 149, 341, 323, 307 and 302 of the I.P.C.

The petitioner and others allegedly assaulted to Brigunath Tiwary causing injury at his head, as a result of which, he died on the spot and petitioner further assaulted to the cousin brother of the informant with Sword.

Submission is that the Doctor has found abrasion on the scalp of the deceased. The head injury was cause of death due to blood clotting. His contention is that abrasion is not possible by Sword, which the petitioner was allegedly carrying. Hence, prosecution story was not believable. Petitioner is in custody since

Patna High Court Cr.Misc. No.42396 of 2016 (3) dt.14-12-2016 2/2 11.06.2016.

Considering the allegation against the petitioner, I am no inclined to allow the prayer of the petitioner for bail. Accordingly, his prayer is rejected.

However, Trial Court is directed to expedite the trial. (Birendra Kumar, J) Shail/- U T