Patna High CourtCR. MISC./62493/2024bail rejected

Md. Rustam v. The State Of Bihar

2024-12-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62493 of 2024 Arising Out of PS. Case No.-294 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Md. Rustam son of Md. Jabbar vill- Hasanchak Bangra ps- Sadar DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Nitu Kumari, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner, the State and the informant.

2. Petitioner seeks regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner and coaccused Md. Talim are alleged to have assaulted son of the informant and threw him on the road, as a result of which, he died during course of treatment. Post mortem report supports the prosecution case.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. petitioner is relative of the informant. There is general and omnibus allegation against the petitioner and no overt act has been alleged against him. As a matter of fact, in course of scuffle son of informant fell on the earth and sustained injuries on the head and died during treatment. Petitioner claims clean antecedent. He is in custody since

Patna High Court CR. MISC. No.62493 of 2024(2) dt.19-12-2024 2/2 21.3.2024.

5. Learned counsel for the State and informant oppose the prayer for bail. They submit that petitioner and coaccused Md. Talim assaulted son of the informant and threw him on the road, as a result of which, he died during course of treatment. Post mortem report supports the prosecution case.

6. Considering the nature and gravity of allegation, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T