Md.Najid@Gore@Md. Gore@Najid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38991 of 2019 Arising Out of PS. Case No.-132 Year-2018 Thana- SINDHWARA District- Darbhanga ====================================================== MD. NAJID @ GORE @ MD. GORE @ NAJID Son of Md. Tahir Resident of Village - Budhiyavan, P.S.- Singhwara, Dist.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Jha, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34, 504, 506, 448 and 354 of the Indian Penal Code.

Petitioner allegedly caused injury with a bamboo at the head of the husband of the informant as a result whereof he died. The Doctor has found the head injury as cause of death. Internal haemorrhage was caused due to the head injury which was externally a swelling.

Submission of learned counsel for the petitioner is that petitioner is in custody since 17.01.2019. Investigation of the case is already complete against the petitioner and it has come during investigation that the deceased fell down from his roof and sustained injury at his head as a result whereof he died.

Patna High Court CR. MISC. No.38991 of 2019(4) dt.26-09-2019 2/2 No motive has been alleged for commission of assault by the petitioner and others.

Other witnesses have supported the prosecution case as eyewitness of the occurrence.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail for the present in connection with Singhwara P.S. Case No. 132 of 2018 pending in the court of learned 5th Additional Chief Judicial Magistrate, Darbhanga. However, the petitioner may renew prayer for bail if the trial is not concluded within a period of nine months from today.

Prayer shall be renewed before the court below itself who shall pass a reasoned order.

(Birendra Kumar, J) Kundan/- U T