Pintu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68784 of 2018 Arising Out of PS. Case No.-686 Year-2018 Thana- BIHTA District- Patna ====================================================== Pintu Bhagat S/o Kameshwar Bhagat, R/o Vill.- Laxmanpur, P.S.- Bihta, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bihta P.S. Case No. 686 of 2018 for the offence punishable under Sections 302/34 of the Indian Penal Code. The case of the prosecution in brief is that the brother of the informant, namely, Gopal Prasad had gone to the house of one Gorakh Prasad who had called the brother of the informant for giving treatment in his house. Subsequently, when the brother of the informant reached his house, the accused persons including the petitioner herein attacked the brother of the informant with iron rod, lathi, danda in a very planned manner. The allegation against the petitioner is assaulting the brother of the informant with iron rod on the head which resulted in

Patna High Court Cr.Misc. No.68784 of 2018(3) dt.10-01-2019 2/2 grievous injury and led to his subsequent death. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case on mere suspicion inasmuch as there is no eye witness or independent witness to have seen the alleged occurrence. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 14.07.2018. I have perused the materials on record as also the case dairy and I find that there is specific allegation of assault by the petitioner by iron rod on the head of the brother of the informant which has resulted in his death and the same is also corroborated by the medical evidence, hence I am not inclined to grant bail to the petitioner who is directly involved in the murder of the brother of the informant.

Thus the prayer of the petitioner for grant of regular bail is rejected.

(Mohit Kumar Shah, J) S.Sb/- U T