Patna High CourtCR. MISC./40987/2014rejected

Ajay Singh @ Yadu Singh v. The State Of Bihar

2015-03-10Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40987 of 2014 Arising Out of PS.Case No. -45 Year- 2014 Thana -JAGDIHSPUR District- BHOJPUR ======================================================

1. Ajay Singh @ Yadu Singh son of Kamta Singh, Resident of villageArila, P.S.- Tiyar, District- Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indu Bhushan For the Opposite Party/s : Mr. Narendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 10-03-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under section 304/34 of the Indian Penal Code.

The allegation against the petitioner and coaccused is to have come to the house of the deceased and on opening the door both of them assaulted brutally. On the next day the deceased was taken to the doctor and after treatment he was brought back to his house and on the third day that is on 23.07.2014 his condition deteriorated and he was taken to the hospital and during treatment he died.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.40987 of 2014 (6) dt.10-03-2015 2/2 there is no specific overt act against the petitioner and the petitioner has no criminal antecedent and he has been in custody since 11.08.2014.

Learned counsel for the State submits that due to assault made by the petitioner the death of the deceased had been caused. After investigation charge sheet has already been submitted against the petitioner. The postmortem report also supports the prosecution case.

Considering the facts and circumstances of the case, in my opinion, the petitioner does not deserve to be enlarged on bail at this stage. The prayer for bail is rejected. (Amaresh Kumar Lal, J) M.Rahman/- U T