Suresh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5963 of 2016 Arising Out of PS.Case No. -18 Year- 2015 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Suresh Prasad Son of Anwat Prasad Resident of Village- Laukahan, P.S. Paharpur, District East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the State : Mr. Dr.Indiwar Kumari(App) For the O.P. : Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-04-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Paharpur P.S. Case No. 18 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379 and 504 of the Indian Penal Code.
Allegedly, the petitioner assaulted Bindeshwari Prasad, the father of the informant with an intention to kill him with axe (Tanglu) resulting he became unconscious and his head was ruptured, later on Bindeshwari Prasad succumbed to the injury. Submission is of false implication and that in last line
Patna High Court Cr.Misc. No.5963 of 2016 (4) dt.05-04-2016 2/2 of the First Information Report, there is general and omnibus allegation and during investigation also the witnesses namely, Upendra Prasad and Amar Prasad have made general and omnibus allegation and, as such, the petitioner deserves sympathetic consideration. There is case and counter case and due to land dispute the occurrence has taken place.
The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that against the petitioner, there is specific allegation for causing head injury and the doctor has also found the cause of death due to head injury.
In the facts and circumstances stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) sushma/- U T