Patna High CourtCR. MISC./59893/2017rejected

Mohan Das And ORS v. The State Of Bihar

2018-01-24Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59893 of 2017 Arising Out of PS.Case No. -359 Year- 2017 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Mohan Das son of Late Hari Lal Das

2. Madan Kumar Bishwas son of Malanand Bishwas

3. Sadanand Bishwas, son of Late Kunni Bishwas, All Residents of Village- Tara Nagar, Police Station- K.Nagar (Sri Nagar), District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Ojha For the Opposite Party/s : Mr.. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 24-01-2018 Heard learned counsels for the petitioners and the State. The petitioners, already in custody, seek bail in connection with K.Nagar (Sri Nagar) P.S.Case No. 359 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 302, 504 of the Indian penal Code.

Allegation in brief is that these three petitioners assaulted the informant's father resulting into his death. Learned counsel for the petitioners submits that both sides are agnates and there was free fighting between both sides though no case was instituted from petitioners' side and the death is due to subdural hemorrhage and shock and the petitioners are in custody since 20.07.2017.

Learned counsel for the informant and State submit that

Patna High Court Cr.Misc. No.59893 of 2017 (3) dt.24-01-2018 2/2 there is specific allegation against these three petitioners regarding assaulting of informant's father due to impact of injury he died. Having considered the aforesaid facts and circumstances and specific allegation against these three petitioners, the prayer for bail is refused.

However, trial court is directed to expedite the trial and conclude the same preferably within a period of one and half years.

(Arun Kumar, J) Sujit/- U T