Jetha Marandi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63064 of 2022 Arising Out of PS. Case No.-236 Year-2021 Thana- BHAWANIPUR District- Purnia ====================================================== JETHA MARANDI Son of Late Lodhay Marandi R/O village- Sondip Bhelwa Ward No- 8, P.S- Bhawanipur, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 147, 148, 149, 447, 302 and 120B of the Indian Penal Code. As per prosecution case, the petitioner along with several other co-accused armed with deadly weapons trespassed the farm land of the informant. They shot arrow on the chest of the informant's elder brother, due to which his elder brother got badly injured and fell on the ground. Thereafter, all the accused started beating him savagely and pulled out an arrow from his chest later on he died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.63064 of 2022(4) dt.04-04-2023 2/2 falsely been implicated in this case. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. The petitioner is languishing in judicial custody since 23.02.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is direct allegation against the petitioner that he shot the deceased with iron arrow. The postmortem report also corroborates the prosecution story, wherein the sharp pointed iron part of the arrow was found on the body of deceased and cause of death was specified stab injury caused by sharp iron arrow. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

(Sunil Kumar Panwar, J) arish/- U T