Lalan Rajbanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47590 of 2015 Arising Out of PS.Case No. -176 Year- 2013 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================
1. Lalan Rajbanshi Son of Gangu Rajbanshi Resident of Village- Hasanpur Police Station Rajgir District Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Mukesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2015 Heard both sides.
The petitioner seeks bail in case under Section 302 and others Sections of the Indian Penal Code.
The prayer for bail of the petitioner was earlier rejected vide order dated 23.3.2015 passed in Cr. Misc. No. 4202 of 2015. It is submitted that the petitioner is alleged to have assaulted the deceased with a piece of brick on his forehead. It cannot be a case under Section 302 of the Indian Penal Code. The petitioner is in jail since 12.08.2014. The prayer for bail of the petitioner was earlier rejected with a direction that the petitioner may renew his prayer after remaining one year in jail. It appears that due to some petty dispute a quarrel ensued and the uncle of the informant was assaulted. The petitioner is said to have assaulted Bindeshwari
Patna High Court Cr.Misc. No.47590 of 2015 (3) dt.02-12-2015 P2/2 Paswan, uncle of the informant, with a piece of brick on his head, on account of which, he died. The petitioner has already been remained in jail for one year and four months. Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Biharsharif, Nalanda in connection with Rajgir P.S. Case No. 176 of 2013.
(Prabhat Kumar Jha, J) Saif/-Siddharth U T