Subhash Bind @ Shubash Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39912 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== SUBHASH BIND @ SHUBASH BIN S/o Late Rampatu Bind Resident of Village- Kudratipur Kashansi, P.S.- Buxar (Muffasil), District- Buxar. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Gupta For the Opposite Party/s :
Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2019 Heard the learned counsel for petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Buxar (Muffasil) P.S. Case No. 81/2019, instituted for offence under Section(s) 302 of the Indian Penal Code.
It is alleged in the written report that on the date of occurrence villagers of informant, namely, Biru Bind and Saral Bind, were quarreling due to old enmity and dispute. The son of informant, aged about 28 years, went there to resolve the dispute. In the meantime, petitioner came there and after taking the side of Biru Ram, threw the son of informant on a large piece of wood, as a result of which he received head injury and subsequently died.
Learned Addl. P.P. has submitted that in post-mortem
Patna High Court CR. MISC. No.39912 of 2019(4) dt.28-08-2019 2/2 report doctor has found fracture of skull bone. Cause of death is opined due to aforesaid injury as alleged.
Considering the fact that there is direct allegation against this petitioner of causing head injury to the son of informant on account of which he died, this Court is not inclined to grant bail to petitioner. Accordingly, prayer for bail of petitioner is rejected.
The trial court is directed to expedite the trial and make efforts to conclude the same within a period of nine months from the date of receipt/production of copy of this order. The petitioner will be at liberty to renew prayer for bail in the event trial is not concluded within aforesaid period. (Sanjay Priya, J) rakhi/- U T