← Library
Patna High CourtCR. MISC./54944/2021bail rejected

Guddu Kumar v. The State Of Bihar

2022-07-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54944 of 2021 Arising Out of PS. Case No.-36 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

Guddu Kumar Son Of Chattrabli Singh Resident Of Village- Kashi Bigha, P.S.- Obra, District- Aurangabad.

2.

Bhola Kumar Son Of Chattrabali Singh Resident Of Village- Kashi Bigha, P.S.- Obra, District- Aurangabad.

3.

Pappu Kumar Son of Chattrabali Singh Resident of Village- Kashi Bigha, P.S.- Obra, District- Aurangabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2022 Heard learned counsel for the parties.

Petitioners apprehend arrest in a case registered for offence punishable under sections 302/120B/34 of the Indian Penal Code.

As per the FIR, 6 named accused persons who are informant's elder son and his family including the petitioners assaulted informant's husband with lathi and danda due to which he sustained injuries and died.

Learned counsel for the petitioners submits that the petitioners are Sala (brothers-in-law of the elder son of the informant. There is dispute over partition of ancestral land

Patna High Court CR. MISC. No.54944 of 2021(3) dt.14-07-2022 2/2 between the parties. Post mortem report reveals only one bruise on the left arm and there is no other external injury on the body of the deceased which falsify the allegation made in the FIR. Learned counsel appearing for the State opposes the prayer for bail. He submits that the petitioners brutally assaulted the informant's husband causing his death. In view of the nature of allegation, prayer for bail of the petitioners is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) shashi/- U T