Binod Sah @ Binod Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59996 of 2022 Arising Out of PS. Case No.-355 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== Binod Sah @ Binod Kumar Sah Son Of Late Shivjee Sah R/O Ganesh Chowk, Ward No.21, P.S.- Muraliganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Murliganj P.S. Case No. 355 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code.

As per the prosecution, due to partition dispute, the husband of the informant was assaulted by petitioner and coaccused persons by means of lathi, danda and iron rod on his head and he was later declared dead by the doctor. The main submissions advanced by learned counsel for petitioner are that the petitioner is full brother of the deceased and in the FIR ten persons including the petitioner have been named and a dispute relating to partition running in between the

Patna High Court CR. MISC. No.59996 of 2022(3) dt.15-03-2023 2/3 petitioner and deceased is stated to be the genesis of the occurrence and only one injury being in the nature of lacerated wound at the left parietal region of the deceased is said to be the main cause of death of the deceased and the FIR goes to show that alleged occurrence took place in the spur of moment and the same was not intended and as per the FIR the deceased was assaulted by altogether ten persons including the petitioner but the doctor found only two injuries on his body which suggest that at the time of occurrence the informant was not present and the manner of the occurrence mentioned in the FIR clearly shows that there was no intention on the part of the petitioner and other co-accused persons to commit the murder of the deceased. Further submission is that the petitioner has fair and clean antecedent and has been languishing in jail since 08.03.2022.

Learned APP for the State has opposed the bail prayer. Heard both the sides and perused the FIR and case diary of this case. The instant matter relates to murder of the brother of the informant and in the FIR there is specific allegation against the petitioner and he and co-accused Ganesh Sah assaulted at the head of the deceased by means of iron rod. Considering the seriousness of the allegation appearing against

Patna High Court CR. MISC. No.59996 of 2022(3) dt.15-03-2023 3/3 the petitioner, in my opinion, it is not a fit case for bail to the petitioner. Accordingly, his prayer stands rejected. (Shailendra Singh, J) Shahnawaz/- U T