Vikash Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.18109 of 2018 (4) dt.16-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18109 of 2018 Arising Out of PS.Case No. -724 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Vikash Kumar S/o Jairam Yadav Resident of Village - Teswar, P.S. - Mohanpur, District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lilawati Singh For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-05-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 18.11.2017, seeks bail in Barachatti PS Case No. 724 of 2017 registered under Sections 147, 148, 149, 302, 307, 323, 325, 354 and 379 of the IPC. The allegation in brief is that due to dispute over ridge of the field the accused persons assaulted the informant's father and the specific accusation against the petitioner is of giving blow by but of the rifle causing head injury and the post mortem report reveals that he received number of head injuries which resulted into his death.

Learned Counsel for the petitioner submits that both sides are agnates, the informant is not eye witness, there is allegation against others also of assaulting the deceased. Whereas learned Counsel for the State submits that there is specific accusation against the petitioner of giving assault over head of the deceased which became cause of death as per post mortem report.

Having considered the aforesaid facts and circumstances as also the specific accusation against the petitioner the prayer for bail of the petitioner is rejected.

Snkumar/- (Arun Kumar, J) U T