Chandan Rai @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50964 of 2021 Arising Out of PS. Case No.-166 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== CHANDAN RAI @ CHANDAN KUMAR Son of Naval Ray Resident of Village- Sararia, P.S.- Lalganj, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Adv.

For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-05-2022 Heard Ms. Bela Singh, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Lalganj PS Case No. 166/2019 registered for the offence punishable under Sections 302/34 of the IPC.

Petitioner along with other accused persons alleged to have assaulted the informant's husband by means of sharp weapon and iron rod on his head, due to which, he died. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and the coaccused, Sujit Kumar happens to be son of the deceased and there was some family dispute between them. She next submits that the petitioner was not present at the place of occurrence and he has been remanded in this case from another case.

Patna High Court CR. MISC. No.50964 of 2021(3) dt.09-05-2022 2/2 On the other hand, learned counsel for the State referring to the case diary and postmortem report, submits that multiple injuries have been found on the skull of the deceased and in the opinion of the doctor the deceased died due to multiple injuries caused by sharp and heavy weapon on his head. Learned counsel next submits that there is specific allegation against the petitioner in the FIR that he assaulted the deceased by means of iron rod. The petitioner has got criminal antecedents inasmuch as six cases of serious nature of offence are registered against him.

Regards being had to the submissions made by the parties and taking into consideration the fact that there is specific allegation against the petitioner in the FIR that he assaulted the deceased by means of iron rod and the doctor has opined the cause of death due to sharp and heavy weapon, I am not inclined to grant regular bail to the petitioner. Accordingly, prayer for bail of the petitioner stands dismissed. Let the trial be expedited.

(Anil Kumar Sinha, J) perwez U T