Jagdish Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28346 of 2020 Arising Out of PS. Case No.-94 Year-2020 Thana- UJIYARPUR District- Samastipur ====================================================== 1.

Jagdish Das Son of Late Ram Chandra Das Resident of Village - Belamegh, Ward No. 08, Police Station - Ujiyarpur, District - Samastipur. 2.

Raja Das @ Raja Kumar Son of Sri Jagdish Das Resident of Village - Belamegh, Ward No. 08, Police Station - Ujiyarpur, District - Samastipur. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Raj Shekhar, Advocate For the Opposite Party :

Mr Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2021 Heard learned counsel for the petitioners as well as learned counsel for the State.

The petitioner seeks bail in Ujiyarpur Police Station Case No. 94 of 2020 registered for the offences punishable under sections 302/34 of the Indian Penal Code. Accused persons including the petitioners are alleged to have assaulted the father of the informant brutally with lathi, danda and bamboo sticks causing grievous injury leading to his death.

Learned counsel for the petitioners submits that there is no specific allegation of assault against the petitioners. Charge sheet has already been submitted. Petitioners have got

Patna High Court CR. MISC. No.28346 of 2020(4) dt.28-01-2021 2/2 no criminal antecedent as stated in paragraph 3 of the bail petition. Petitioners are in custody since 11.4.2020. Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioners of assaulting the informant's father as a result of which he succumbed to the injuries. Post mortem report also supports the prosecution case as the deceased sustained injures on his head caused by hard and blunt substances. Considering the nature of allegation, prayer for bail of the petitioners is refused.

(Prabhat Kumar Singh, J) Shashi U T