Tapan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51685 of 2018 Arising Out of PS. Case No.-213 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Tapan Rai S/o Late Jagdeep Rai, R/o Vill.- Hariharpur, P.S.- Hajipur Sadar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Chandra For the Opposite Party/s :

Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks regular bail in connection with Hazipur Sadar P.S. Case No. 213 of 2018, registered for offence punishable under Section 302 of the Indian Penal Code. Informant is the own brother of petitioner who in his fardbeyan has stated that on account of homestead land there was some dispute between the Informant and petitioner and his father (deceased) called the Amin and partitioned the land into half and half share but the same was not acceptable to his brother (petitioner) and he tried to encroach over the share of Informant and also assaulted Informant and his father and pressed the neck of his father from his feet as a result of which he died on the spot. In the post mortem report also death has

Patna High Court Cr.Misc. No.51685 of 2018(4) dt.22-11-2018 2/2 been attributed to Asphyxia resulting from pressure by flexible blunt substance.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, it is observed that petitioner may renew his prayer for bail after completing one year of Jail custody. (S. Kumar, J) sudha/- U T