Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34864 of 2021 Arising Out of PS. Case No.-114 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Subodh Kumar Son Of Late Laxmi Singh Residents Of Village- Mohanpur, P.S.- Muffasil, District- Begusarai.

2.

Randhir Kumar Son Of Late Laxmi Singh Resident Of Village- Mohanpur, P.S.- Muffasil, District- Begusarai.

... ... Petitioners

Versus

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

For the Petitioner :

Mr. Ajay Kr.Thakur, Advocate For the Opposite Party :

Mr.A.G For the informant Mr. P K Shahi, Senior Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2021 Heard learned counsel for the petitioners and the State.

Petitioners seek regular bail in Muffasil Police Station Case No. 114/2021 registered for the offences punishable under section 302 and other allied sections of the Indian Penal Code. As per the prosecution case, petitioner no.1 is alleged to have assaulted the informant's father with butt of the pistol, whereas petitioner no.2 is alleged to have assaulted him with bamboo sticks on back side of his head as a result of which he sustained injuries and died thereof.

Learned counsel for the petitioners submits that the petitioners is innocent and have falsely been implicated in this case. He submits that there is a case and counter case and

Patna High Court CR. MISC. No.34864 of 2021(4) dt.25-10-2021 2/2 admittedly parties are on litigating terms. It is also submitted that there is allegation that all the accused persons assaulted the deceased, though the doctor found only two injuries on the head of the deceased. Petitioners have got clean antecedent as stated in paragraph 3 of the bail petition. Petitioners are in custody since 23.2.2021.

Learned counsel for the State and the informant oppose the prayer for bail and submits that petitioner no.1 is alleged to have assaulted the informant's father with butt of the pistol whereas petitioner no.2 is alleged to have assaulted him with bamboo sticks on back side of his head.

Considering the gravity and nature of allegation, prayer for bail of the petitioners is refused. Let the trial be expedited and concluded as early as possible.

(Prabhat Kumar Singh, J) Shashi U T