Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65798 of 2021 Arising Out of PS. Case No.-99 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== SURAJ KUMAR Son of Late Niranjan Ram Resident of Village - Meyar, P.S.- Noorsarai, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudish Kumar, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP For the Informant :

Mr. Jitendra Kumar Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, son of the informant who had gone out from his house did not return. After search by the informant, he was found in an unconscious state. The informant took him to the hospital from where he was referred for better treatment to the PMCH, Patna where he died in course of treatment at 24.3.2021 at 7 am. The informant states that he is convinced that his son had been killed by the petitioner along with others.

Patna High Court CR. MISC. No.65798 of 2021(3) dt.16-05-2022 2/3 It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is no eye witness to the occurrence. From the FIR it would transpire that the son of the petitioner was taken to the hospital where he died in course of treatment. The petitioner is in custody since 28.3.2021.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted that the witnesses Pramila Devi and Karu Tanti in paragraph no. 9 of the case diary have made specific allegations against this petitioner along with one Sammi Kumar of having assaulted the son of the informant which led to injuries and his subsequent death. It is submitted that even the postmortem report supports the allegations against the petitioner in so far as the cause of death is said to be injuries caused by hard and blunt substance. Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, the statement of witnesses Pramila Devi and Karu Tanti recorded in the case diary together with the contents of the postmortem report wherein the cause of death is said to be injuries due to hard and blund substance, the Court is not inclined to enlarge the petitioner on bail and the application

Patna High Court CR. MISC. No.65798 of 2021(3) dt.16-05-2022 3/3 is rejected.

Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Spd/- U T