Tusar Chaudhary @ Sanoj Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5008 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -ROH District- NAWADA ====================================================== Tusar Chaudhary @ Sanoj Chaudhary, Son of Shri Birja Chaudhary, Resident of Village-Roh, P.S.-Roh, District-Nawada. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate. For the State : Mr. Manoj Kumar, A.P.P. For the Opposite party No.2: Mr. Rajeev Nayan, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-03-2017 Heard learned counsel for the petitioner, learned counsel for the informant and the State.
The petitioner seeks bail in Roh P.S. Case No. 20 of 2016 instituted for the offence under Sections 147, 148, 149, 323, 302 and 384 of the Indian Penal Code.
As per written report, it is alleged that the petitioner along with Manoj Chaudhary assaulted the father of the informant with iron rod on the head causing bleeding injury and due to which father of the informant died later on. It is further alleged that the petitioner with other co-accused persons assaulted the informant and his brother Prem Raj when they came to save their father.
The learned Sessions Judge has mentioned in the
Patna High Court Cr.Misc. No.5008 of 2017 (3) dt.20-03-2017 2/2 impugned order that the informant in his further statement in paragraph-8 and Prem Raj in paragraph-13 of the case diary have specifically alleged against the petitioner of assaulting the deceased with iron rod. Other witnesses in paragraphs 14, 17 and 18 of the case diary have also supported the prosecution case. The post mortem report in paragraph-41 shows that cause of death was shock due to injury by a sharp and blunt object found on the head. The doctor has also found three injuries on the person of the brother of the informant which are simple in nature caused by hard and blunt substance.
In such circumstances, since there is direct and specific allegation against the petitioner of causing injury to the informant, his father and brother, this Court is not inclined to grant bail to the petitioner.
The prayer for bail of the petitioner stands rejected. (Sanjay Priya, J) S.Ali/- U T