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Patna High CourtCR. MISC./32433/2024bail rejected

Sonu Kumar v. The State Of Bihar

2024-07-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32433 of 2024 Arising Out of PS. Case No.-25 Year-2022 Thana- MALI District- Aurangabad ====================================================== Sonu Kumar Son Of Mahesh Ram Resident Of Village- Dudhani Ps- Mali And Dist- Aurangabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Verma, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner seeks regular bail in a case registered for the offence punishable under sections 323, 341, 307/34 of the Indian Penal Code.

3. As per the prosecution case, while informant's six years old son was sitting near his home, all the FIR named accused persons including this petitioner picked up him. Thereafter, at some distance, while parents of the petitioner caught hold of legs and hands of the victim and petitioner assaulted with bricks on his head. A co-villager witnessed the incident and informed the informant, whereafter, victim was taken to the Hospital. Victim died in the Hospital during treatment.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Informant is not the eye witness of the occurrence. Petitioner is suffering from mental ailment. He is in custody since 20.2.2024.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.32433 of 2024(3) dt.19-07-2024 2/2 for bail. He submits that there is direct and specific allegation against this petitioner that he assaulted with bricks on the head of the son of the informant causing his death during treatment.

6. Considering the nature and gravity of allegation, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) shashi/- U T