Patna High CourtCR. MISC./35279/2021bail rejected

Gopi Chaudhary v. The State Of Bihar

2022-01-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35279 of 2021 Arising Out of PS. Case No.-146 Year-2020 Thana- SRINAGAR District- West Champaran ====================================================== Gopi Chaudhary S/O Late Harihar Chaudhary R/O Village - Bagahi Baghambarpur, P.S. - Srinagar (Pujaha), Distt. - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Informant : Mr. Sanjeev Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-01-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Srinagar (Pujaha) P.S. Case No. 146 of 2020, registered for the offence punishable under Sections 307, 302 and other allied sections of the Indian Penal Code.

As per the FIR, due to previous land dispute all the FIR named accused persons including this petitioner having armed with lathi, Farsa, iron rod came and started assaulting the father of informant,. Petitioner is alleged to have assaulted informant's father by means of Farsa on his head as a result of which he fell down on the ground. During course of treatment, informant's father died.

Patna High Court CR. MISC. No.35279 of 2021(3) dt.25-01-2022 2/2 It is submitted that from perusal of FIR it would be apparent that informant is not eye-witness of the occurrence. There is land dispute between the parties and both parties are agnates. Informant is nephew of petitioner and full brother of deceased. Only one injury was found on the person of deceased whereas, in the FIR there is allegation of assault by other accused persons. Petitioner is in custody since 22.12.2020 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific and direct allegation of assault over head of the deceased against this petitioner. From postmortem report also corroborates prosecution case.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T