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Patna High CourtCR. MISC./42785/2019rejected

Krishna Nand Prasad @ Krishna Prasad v. The State Of Bihar

2019-09-24Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42785 of 2019 Arising Out of PS. Case No.-266 Year-2018 Thana- BHANGWANPUR HAT District- Siwan ====================================================== KRISHNA NAND PRASAD @ KRISHNA PRASAD Son of Late Janakdhari Prasad Resident of Village - Shankarpur, P.S.- Bhagwanpur, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Bhagwanpur Hatt P.S. Case No. 266 of 2018 registered under sections 341/323/307/302/34 of the I.P.C. pending in the Court of C.J.M., Siwan.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case due to land dispute. Further submission is that petitioner is aged about 70 years. He has no criminal antecedent and is in custody since 30.03.2019.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that the petitioner along with other family members brutally assaulted

Patna High Court CR. MISC. No.42785 of 2019(3) dt.24-09-2019 2/2 the father-in-law of the informant by means of Dab, farsa and iron rod. Thereafter, they brutally assaulted Dewar and cousin father-in-law of the informant, as a result of which, father-inlaw of the informant died in course of treatment. Further submission is that the Injury Report also corroborated the allegation. Hence, he does not deserve privilege of bail. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) shailendra/- U T