Patna High CourtCR. MISC./79830/2018dismissed

Madan Bind v. The State Of Bihar

2019-01-30Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79830 of 2018 Arising Out of PS. Case No.-111 Year-2018 Thana- SAHPUR District- Bhojpur ====================================================== Madan Bind, S/o Late Naresh Bind, R/v-Dudhghat, P.S-Sahar,Distt.-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmesh Kumar Shrivastava, Adv.

For the Opposite Party/s :

Mr.Sri Ashok Kumar Singh 1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with S.Tr. No. 316 of 2018, arising out of Shahpur P.S. Case No. 111 of 2018 registered for the offences punishable under Sections 302, 323, 324, 325, 307 of the Indian Penal Code.

Informant has alleged that while his father was sitting at his door, the son of the petitioner was teasing him on which his father abused the son of the petitioner, thereafter, Madan Bind (petitioner) gave fatta blow on the head of his father as a result of which his father became injured and was taken to hospital where he died. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to previous enmity and village politics. There is one injury found on the head of deceased and there is no

Patna High Court Cr.Misc. No.79830 of 2018(3) dt.30-01-2019 2/2 repetition of blow. Petitioner has no criminal antecedent and is in custody since 07.05.2018.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected. However, after completing one year of the custody, the petitioner would be at liberty to renew his prayer for grant of bail. (S. Kumar, J) Rajiv/- U T