Patna High CourtCR. MISC./41320/2017disposed

Arun Keshari @ Bhuwar Keshari v. The State Of Bihar

2017-09-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41320 of 2017 Arising Out of PS.Case No. -119 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Arun Keshari @ Bhuwar Keshari, Son of Brij Kishor Keshari, resident of Village- Gausganj, P.S. Ara Town, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Surendra Kumar Singh Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2017 Heard the parties.

The petitioner seeks regular bail in Ara Nagar P.S.Case No.119 of 2017 registered for the offence under Sections 147, 148, 149, 447, 307, 302, 379 and 427 of the I.P.C. Allegation as per the F.I.R.against the petitioner is of stabbing the informant taking out the intestine due to which he died.

Submission of the learned counsel for the petitioner is that injured witness Suman Kumar who happens to be the son of the deceased as well as eye witness of the occurrence has not named this petitioner rather he stated that other co-accused Nanhku Chaurasia stabbed his father with dagger and the wife of the deceased and other witnesses have also not supported the

Patna High Court Cr.Misc. No.41320 of 2017 (2) dt.07-09-2017 2/2 prosecution story of assault by this petitioner. He is in custody for six months.

Heard learned A.P.P. and the informant also who opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the learned court below to verify from the case diary as to whether the eye witnesses, Suman Kumar and Manish Kumar as well as the wife of the deceased as well as other witnesses have not named this petitioner as assailant and if it is found true, he shall release him on bail to his own satisfaction, otherwise he will pass appropriate order.

With this observation this application is disposed of. (Vinod Kumar Sinha, J) AnilKrSinha/- U