Umesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30558 of 2018 Arising Out of PS.Case No. -154 Year- 2017 Thana -SUPAUL District- SUPAUL ====================================================== Umesh Ram S/o Nathuni Ram, R/o Village- Basuwa (Ward No. 12), P.S. and Distt.- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Jha For the Opposite Party/s : Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State. The petitioner seeks bail in connection with Supaul P.S. Case No. 154/2017 registered under sections 147, 148, 149, 341, 323, 325, 307, 302 and 504 of the Indian Penal Code. As per FIR, altogether five accused named in the FIR came at the house of informant and brutally assaulted his father and family member. This petitioner assaulted the victim on his chest by a piece of stone.

It has been submitted that the petitioner is the cousin brother of the informant. The present case has been lodged on account of family dispute. The doctor conducted post mortem and the opinion has been reserved for viscera report. The petitioner is

Patna High Court Cr.Misc. No.30558 of 2018 (3) dt.04-07-2018 2/2 in custody since 07.02.2018 having clean antecedent and so he deserves bail.

In FIR I find that there is specific allegation that this petitioner assaulted the deceased on his chest by stone. This fact finds support from the statement of witnesses recorded in case diary.

Considering the specific allegation of assault by this petitioner resulting the death of deceased, I am not inclined to grant him bail. His bail prayer stands rejected. (Sanjay Kumar, J) Mahesh/- U T