Shri Bhagwan Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44882 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- NOKHA District- Rohtas ====================================================== Shri Bhagwan Mali Son of Late Awadhesh Mali Resident of Village- Baraon, P.S.- Nokha, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nokha P.S. Case No. 46 of 2020 lodged under Sections 147, 148, 149, 341, 323, 307, 302 of the I.P.C., 1860 and Section 27 of the Arms Act.

As per the prosecution case, the specific allegation against the petitioner is to assault the deceased by iron rod on the head of the informant's father due to which he fell down and subsequently during treatment he died.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 16.09.2020 having clean antecedent. Learned counsel for the petitioner submits that there is direct allegation against petitioner to assault the deceased, but he submits that there is allegation of only one blow and no allegation of repeated assault on the present

Patna High Court CR. MISC. No.44882 of 2021(7) dt.10-10-2022 2/3 petitioner. He submits that from the F.I.R. it transpires that both informant and petitioner belong to the same family and same village and due to land dispute, the present occurrence took place. Learned counsel for the petitioner submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. Upon specific query that whether charge has framed or not, learned counsel has shown his inability to inform this Court.

Learned counsel for the State opposes the prayer for bail and submits that there is a direct allegation against the present petitioner, who assaulted the deceased by iron rod. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present but hereby directing the trial Court that he shall release the petitioner on bail after 3 months from the date of framing of charge imposing its own conditions so petitioner shall not evade from trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ashishsingh/- U T

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