Umesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50313 of 2023 Arising Out of PS. Case No.-89 Year-2022 Thana- BARGAINIA District- Sitamarhi ====================================================== Umesh Bhagat S/o Badri Bhagat Resident of Village-Nandwara Badhai Tola, Ward No. 8, Police Station-Bairgania, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 18.04.2023 in connection with Bairgania P.S. Case No. 89 of 2022, F.I.R. dated 06.04.2022 for the offences punishable under Sections 302, 34, 504 of the Indian Penal Code.

3. According to prosecution case, due to some quarrel between the parties, this petitioner along with other accused persons have took the father of the informant to the field where this petitioner inflicted assault and dragged him on the ground resulting into his death.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.50313 of 2023(3) dt.04-09-2023 2/2 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that there is no external injury found on the person of the deceased.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that from perusal of the F.I.R it appears that there is specific allegation against the petitioner that he has assaulted and dragged the deceased on the ground and the deceased died due to the act of the petitioner.

6. Considering the aforesaid facts and circumstances and the fact that there is direct and specific allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Bairgania P.S. Case No. 89 of 2022 pending in the court of learned Chief Judicial Magistrate, Sitamarhi, District- Sitamarhi.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T