Patna High CourtCR. MISC./45784/2017rejected

Kailash Prasad Gupta v. The State Of Bihar

2017-10-10Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45784 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Kailash Prasad Gupta, Son of Late Ram Awtar Gupta, R/o MohallaKotwali Chowk, Naka No.5, Darbhanga, but the Police has wrongly mentioned in the forwarding report as resident of Mohalla- Balbhadrapur, P.S.- Laheriasarai, District- Darbhanga.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 10-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Laheriasarai P.S. Case No.108 of 2017 registered under Sections 341, 323, 324, 307, 379, 504, 427, 326/34 and, later on, added Section 302 of the Indian Penal Code, pending in the court of the 1st Additional Sessions Judge, Darbhanga at Laheriasarai.

The accusation is of catching hold of Manoj Kumar Choudhary, the son of the informant Krishna Kant Choudhary, by the petitioner and his three sons, namely, Pradeep Kumar Gupta, Praveen Kumar Gupta alias Vikki and Gaurav Kumar Gupta alias

Patna High Court Cr.Misc. No.45784 of 2017 (3) dt.10-10-2017 2/2 Litlu Kumar Gupta and also pouring the petrol by Pradeep Kumar Gupta and Gaurav Kumar Gupta at Manoj Kumar Choudhary and lit on fire through match stick by Praveen Kumar Gupta alias Vikki, due to which Manoj Kumar Choudhary sustained burn injury and died in course of treatment.

Learned counsel appearing on behalf of the petitioner submits that the only allegation against the petitioner is to caught hold of the deceased Manoj Kumar Choudhary, the son of the informant. The petitioner is in custody since 26.03.2017. Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected for the present.

(Rajendra Kumar Mishra, J) P.S./- U T