Patna High CourtCR. MISC./24771/2018rejected

Parsuram Rai v. The State Of Bihar

2018-07-26Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24771 of 2018 Arising Out of PS. Case No.-344 Year-2016 Thana- MARHAURA District- Saran ====================================================== Parsuram Rai S/o Late Ram Pravesh Rai, R/o Vill.- Baradahia, P.S.- Marhowrah, District- Saran (Chapra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha For the Opposite Party/s :

Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Marhowrah P.S. Case No.344 of 2016 registered under Sections 447, 341, 323, 325, 337, 307, 302, 202 and 504/34 of the Indian Penal Code.

Allegation in brief is that due to dispute over the drainage of water, the petitioner along with two others assaulted the father of the informant with lathi and rod causing serious injury and he succumbed to the injury, when other family members came to rescue then they were also assaulted causing serious injury to the uncle of the informant. Learned counsel for the petitioner submits that there is general and omnibus allegation against three accused persons,

Patna High Court Cr.Misc. No.24771 of 2018(4) dt.26-07-2018 2/2 Parshuram Rai, Shivji Rai and Awdhesh Rai, so there is no specific accusation against the petitioner and there is counter case also and petitioner has been in custody since 09.01.2018; whereas the learned counsel for the State submits that there is accusation against this petitioner and other two, Shivji Rai and Awdhesh Rai of assaulting the deceased and causing his death. Having considered the aforesaid facts and circumstances and specific accusation of assault by the petitioner, prayer of bail of the petitioner is rejected. (Arun Kumar, J) S.KUMAR/- U T