Jitendra Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23607 of 2015 Arising Out of PS.Case No. -57 Year- 2014 Thana -KHARIK District- BHAGALPUR ======================================================

1. Jitendra Modi Son of Late Shyam Modi Resident of Village Kharik Bazar (Modi Tola) Police Station Kharik, District Bhagalpur..... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brajesh Kumar Singh For the Opposite Party/s : Mr. Kalayan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The petitioner is alleged to have assaulted the informant with Lathi on his head. The deceased-informant made his subsequent statement and reiterated the same facts. The deceased died on account of injuries found on the head. It is submitted that petitioner has got no mens rea. Considering the fact that it was the petitioner who assaulted with Lathi on the head of informant causing his death, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt of this order.

BKS/- (Prabhat Kumar Jha, J) U T