Pintu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33085 of 2017 Arising Out of PS.Case No. -389 Year- 2016 Thana -TEKARI District- GAYA ====================================================== Pintu Bind, son of Kamta Bind, resident of Village- Imaliya Chak, Police Station- Tekari, District- Gaya.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Tekari P.S.Case No. 389 of 2016 registered for the offences punishable under Section 302 of the Indian Penal Code. Allegation against the petitioner is of assaulting the deceased, who is his son, by spade.

It has been submitted on behalf of the petitioner that FIR itself shows that there was scuffle between the parties and at the spur of moment the occurrence took place and there was no intention of the petitioner to kill him and he is in custody for four months.

Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.33085 of 2017 (3) dt.27-07-2017 2/2 facts and circumstances, I am not inclined to grant bail to the petitioner at this stage.

However, petitioner may renew his prayer for bail before the court below after framing of charge in this case, which shall be considered by the trial court on the basis of materials available on record, without being prejudiced by this order. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U