Tantan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.14839 of 2015 (3) dt.02-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14839 of 2015 Arising Out of PS.Case No. -179 Year- 2014 Thana -RAFIGANJ District- AURANGABAD ====================================================== Tantan Kumar S/o Ravindra Singh, resident of village- Talthua, P.S.- Rafiganj, District- Aurangabad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Singh, Advocate. For the Opposite Party/s : Mr. U.S.P.Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 02-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code. Allegation against the petitioner is to have quarreled with the deceased and assaulted him causing his death. It is submitted that the informant does not appear to be an eye witness of the occurrence. The post mortem report also does not support the prosecution case. The witnesses have stated that had the medical treatment been given to the deceased at proper time he could not have died.

Learned counsel for the State submits that the petitioner has also made statement before the informant, who is

Patna High Court Cr.Misc. No.14839 of 2015 (3) dt.02-06-2015 the mother of the deceased as well as the petitioner that he assaulted the deceased. The doctor has also found the injury caused by hard blunt substance as well as sharp cutting weapon. Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected.

(Amaresh Kumar Lal, J) Md. Ibrarul/- U T