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Patna High CourtCR. MISC./51771/2014rejected

Lallan Kushwha @ Lalan Prasad Kushwha And ORS. v. The State Of Bihar

2015-03-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51771 of 2014 Arising Out of PS.Case No. -218 Year- 2014 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================

1. Lallan Kushwha @ Lalan Prasad Kushwha, Son of Sita Ram Bhagat

2. Manu Kushwha Son of Lallan Kushwha 3.Dhunmun Kushwha @ Jhunmun Kushwha @ Tunmun Kushwha @ Mantuan Prasad @ Tunmun Prasad, Son of Lallan Kushwha All Resident of Village - Asandi Mahuawa, P.S. - Kuchaikote, District - Gopalganj. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Uday Pratap Singh, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP For the Informant : Mr. Ranjeet Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 04-03-2015 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. The petitioners seek bail in connection with Kuchaikote (Gopalganj) P.S. Case No. 218 of 2014 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 302 of the Indian Penal Code. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in the case. They are agnates of the informant and due to petty dispute the alleged incident is said to have taken place.

Learned counsel for the State has opposed the prayer for bail. He has submitted that the petitioners are alleged to have

Patna High Court Cr.Misc. No.51771 of 2014 (3) dt.04-03-2015 2 / 2 brutally assaulted the informant, his brother and his daughter with lathi as a result of which, the daughter of the informant died on the spot and the two others were taken to hospital for treatment.

Learned counsel for the informant has also supported the contention of learned counsel for the State. He has submitted that the injury reports of the two injured and the postmortem report of the deceased duly corroborates ocular version of the informant as recorded in the first information report. Regard being had to the facts and circumstances of the case, I am not inclined to grant bail to the petitioners. Accordingly, their prayer for bail is rejected. (Ashwani Kumar Singh, J.) Sanjeet/- U T