Deepu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50216 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Deepu Kumar Son of Kailash Yadav R/o village - Sekhbara, P.S.- M.U., District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Shyameshwar Dayal Mr. Mahendra Thakur, Mr. Vijay Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2024 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2.

The petitioner seeks bail in connection with M.U. P. S. Case No.62 of 2024 registered for the offences punishable under Sections Sections 147, 148, 149, 323 and 302 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is in custody since 24-3-2024 and the informant alleges that his brother-inlaw (Anil) on 23-3-2024 had an altercation with Kailash regarding setting up of a shop in the weekly marked but dispute was pacified with intervention of shop keepers, further after half

Patna High Court CR. MISC. No.50216 of 2024(3) dt.18-10-2024 2/3 an hour, the accused persons including the petitioner came and assaulted his brother-in-law, and Deepu (petitioner) assaulted him by an iron rod on nose causing injury and thereafter his brother-in-law was taken to hospital from where he was referred to Patna and during the course of treatment, within an hour, he died.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case, being son of Kailash. It is next submitted that dispute was in between Anil and Kailash, and petitioner was not even present at the place of occurrence, but in order to coerce Kailash into submission, it has been alleged that it was petitioner who assaulted.

5.

Learned counsel appearing on behalf of the informant rebuts the submission made by learned counsel for the petitioner and submits that there is a specific allegation against this petitioner of assaulting the deceased by an iron rod causing injury on nose and he died within some hours of treatment in the hospital at Patna.

6.

Considering the submissions made by the learned counsel appearing on behalf of the informant that there is a direct allegation against the petitioner of assaulting the

Patna High Court CR. MISC. No.50216 of 2024(3) dt.18-10-2024 3/3 deceased, the Court is not inclined to release the petitioner on bail.

7.

Accordingly, the prayer for bail of the petitioner is rejected.

(Satyavrat Verma, J) SUMIT/- U T