Puja Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32839 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -SHAMBHUGANJ District- BANKA ======================================================

1. Puja Kumar Singh son of Pawan Kumar Singh

2. Rabish Kumar Singh @ Ravi Kumar Singh son of Parshuram Singh Both residents of village - Sobhnathpur, Police Station Shambhuganj, District Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Kumar Sinha For the informant : Mr. Anil Kumar Singh For the State : Mr. U. L. Verma, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-07-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Learned counsel for the informant is also present.

The petitioners are in custody since 30.03.2018 in connection with Shambhuganj P.S. Case No. 35 of 2018 registered for the offences punishable under Sections 147/148/149/323/ 324/302/ of the Indian Penal Code.

Learned counsel for the petitioners submits that though the allegation against the petitioner is of having attacked the deceased, the only case that may be made out against them under Section 325 of the Indian Penal Code and not 302 Indian Penal Code because admittedly the petitioner died much later and the First Information Report was registered only after his death. It is further submitted that the station diary entry against the petitioners does not reveal

Patna High Court Cr.Misc. No.32839 of 2018 (4) dt.31-07-2018 2/2 same nature of occurrence.

Learned counsel for the informant, however, opposes the bail application submitting that the petitioners have come with a motive of taking possession of the house of the deceased and attacked the deceased jointly which resulted in head injury and finally led to his death.

Learned counsel appearing on behalf of the State after perusal of the case diary submits that there is ample material in the case diary to implicate the present petitioners in connection with the present case.

In view of the aforementioned facts and circumstances, the petitioners' application for bail stands rejected with liberty to the petitioners to approach for renewal of bail after framing of charge.

(Anjana Mishra, J) Saif/- U T