Sundar Pandit @ Shyam Sundar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15449 of 2021 Arising Out of PS. Case No.-81 Year-2020 Thana- KASHICHAK District- Nawada ====================================================== SUNDAR PANDIT @ SHYAM SUNDAR PANDIT Son of Chhotelal Pandit Resident of Village- Beler, P.S.- Kashichak, Dist- Nawada, ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Prasad, Advocate For the Opposite Party/s :
Mr.UC Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2021 Heard learned counsel for the petitioner, the State and the informant.
The petitioner seeks regular bail in Kashichak Police Station Case No. 81 of 2020 registered for the offences punishable under sections 302/34 of the Indian Penal Code. As per the prosecution case, the petitioner and other co-accused persons started abusing the informant, which was objected by his wife. Thereafter, the petitioner hit the husband of the informant on his head by a brick as a result of which he suffered injury on his head and died.
Learned counsel for the petitioner submits that there is no allegation of hurling repeated blow and the incident took place on the spur of moment without previous deliberation. There is a case and counter case. Petitioner has got clean
Patna High Court CR. MISC. No.15449 of 2021(3) dt.12-07-2021 2/2 antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 14.6.2020.
Learned counsel for the State and the informant oppose the prayer for bail and submit that there is specific allegation against the petitioner that he hit the husband of the informant on his head by a brick as a result of which he suffered injury on his head and died.
In view of the nature of accusation and gravity of offence, prayer for bail of the petitioner is refused. (Prabhat Kumar Singh, J) shashi/- U T