Rajkishore Sah@Raj Kishor Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52521 of 2021 Arising Out of PS. Case No.-51 Year-2020 Thana- RAJEPUR District- East Champaran ====================================================== Rajkishore Sah@Raj Kishor Prasad Son Of Bhaglu Sah Resident Of VillageSagahari, P.S- Rajepur, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Rajepur P.S. Case No. 51 of 2020, registered for the offence punishable under Section 302/34 of the Indian Penal Code.

As per the FIR, this petitioner inflicted repeated iron blow on the head of informant's husband leading to serious head injury causing his death.

It is submitted on behalf of the petitioner that incident took place on the spur of moment as dispute arose between the parties over land dispute and there was no intention to kill the husband of informant. It is further submitted that only two injuries have been found on the person of deceased one bruise over left side of forehead and abrasion over left side of

Patna High Court CR. MISC. No.52521 of 2021(4) dt.29-01-2022 2/2 forehead. Petitioner is in custody since 12.01.2021 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail and submitted that petitioner is the main assailant of deceased.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T