Binod Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39691 of 2020 Arising Out of PS. Case No.-509 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== BINOD NUT Son of Late Bhutai Nut Resident of Village- Lal Bazar, P.S.- Chapra Muffasil, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 302 of the Indian Penal Code.
The prosecution case as lodged by the informant is that the accused persons including the petitioner came armed with lathi, danda, tangi to the house of the informant and started assaulting. Meanwhile, petitioner assaulted Munchun Devi with tangi causing injury on her head. She fell down on the earth and died in course of treatment in Sadar Hospital, Chapra. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. He further submits that there is general
Patna High Court CR. MISC. No.39691 of 2020(3) dt.08-03-2021 2/2 and omnibus allegation against the petitioner. He submits that statement of son of the informant mentioned at para-19 of the case diary who says that he received some injury while tried to save his mother and he brought to his mother to Sadar Hospital where she died. He submits that petitioner has no criminal antecedent and he is languishing in judicial custody since 17.01.2020.
Considering the facts and circumstances of the case and the fact that postmortem report shows death was caused by hard blunt and sharp object, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Chapra Muffasil P.S. Case No. 509 of 2019 pending before the court of the learned Judicial Magistrate, Saran, Chapra.
(Anjani Kumar Sharan, J) devendra/- U T