Jitu Kumar @ Jitu Vishwakarma v. The State Of Bihar

Patna High Court Cr.Misc. No.3193 of 2015 (8) dt.11-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3193 of 2015 Arising Out of PS.Case No. -103 Year- 2014 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Jitu Kumar @ Jitu Vishwakarma Son of Kapil Vishwakarma Resident of village - Karmatarh, P.S. Kauwakol, District - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s Mr. Dr. Rabindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08/ 11.09.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State and also heard learned counsel for the informant.

Informant, having heard cry of maternal grand mother, came from the roof and saw the petitioner having fasuli in his hand. He tried to catch the petitioner but the petitioner gave fasuli blow to the informant causing injury on his hand and also cut the neck of maternal grand mother. In further statement, informant claimed that the petitioner fled away from the place of occurrence. Para 2 of the case diary reveals that just after the alleged occurrence, police reached on the place of occurrence and found blood stained fasuli there and accordingly, seizure list was prepared.

Learned counsel for the petitioner submits that para 44 of the case diary reveals that informant sustained injury said to be caused by hard and blunt substance and moreover, in course of investigation,

Patna High Court Cr.Misc. No.3193 of 2015 (8) dt.11-09-2015 independent witnesses claimed that at the time of alleged occurrence petitioner was with them.

Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Pakribarawan P. S. case no. 103/2014 pending in the court of the Sub divisional Judicial Magistrate, Nawada stands rejected. It is informed that case of petitioner has already been committed to the court of session and therefore, the concerned court is directed to expedite the trial of the petitioner and conclude the same as early as possible.

shahid (Hemant Kumar Srivastava,J) U T