Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64479 of 2021 Arising Out of PS. Case No.-102 Year-2020 Thana- SILAO District- Nalanda ====================================================== ROUSHAN KUMAR SON OF LATE KAMLESH KUMAR RESIDENT OF VILLAGE - NANAND, P.S. - SILAV, DISTRICT- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Shankar Sinha, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 20.01.2021, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that on 22.05.2020 accused Roushan Kumar (petitioner), Ravi Kumar, Pramod Kumar, Gulshan Kumar, Kari Kumari and Juli Devi, who were neighbours, came to the house of the informant variously armed and Pramod, Ravi and Gulshan started indiscriminate firing

Patna High Court CR. MISC. No.64479 of 2021(2) dt.30-03-2022 2/2 while the petitioner assaulted the mother of the informant on the head by iron rod causing injury and, during course of treatment, she died at PMCH on 23.05.2020.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. The informant and the petitioner are agnates and on account of land dispute, the present occurrence took place.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that the petitioner is alleged to be the assailant of the deceased as there is specific allegation against the petitioner of causing injury on the head of the mother of the informant by iron rod leading to death.

Considering the submissions of the learned counsel for the A.P.P., the Court for the present is not inclined to grant bail to the petitioner in connection with Silav P.S. Case No. 102 of 2020 pending in the Court of learned Chief Judicial Magistrate, Bihar Sharif, Nalanda/successor Court. Hence, prayer for bail is rejected.

(Satyavrat Verma, J) Kundan/- U T