Patna High CourtCR. MISC./16119/2017dismissed

Bipin Kumar v. The State Of Bihar

2017-05-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16119 of 2017 Arising Out of PS.Case No. -192 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Bipin Kumar, S/o Shri Chandra Bhushan Sharma, Resident of Village - Laraua, P.P.- Makhdumpur, P.S. - Makhdumpur, District - Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shri Prakash Srivastava For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2017 The petitioner seeks regular bail in connection with Makhdumpur P.S. Case No. 192 of 2016, registered for offences punishable under Sections 341, 323, 325, 307, 379, 504/34 Indian Penal Code.

Allegation against the petitioner that he along with another co-accused assaulted the deceased and later on deceased died.

It has been submitted on behalf of the petitioner that though there is allegation against the petitioner and other coaccused person is of assault to the deceased and causing fracture injury in his right hand, however the deceased did not die from the said assault rather he died due to cardiac pulmonary failure and shock. Petitioner has been in judicial custody since 15.02.2017. Learned counsel for the State opposed the prayer for bail

Patna High Court Cr.Misc. No.16119 of 2017 (4) dt.10-05-2017 2/2 and submitted that there is direct allegation of assault against the petitioner and witnesses have also supported the case of the prosecution.

Having heard both sides, in view of the facts and circumstances of the case and the nature of allegation, at this stage, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected. However, petitioner may renew his prayer for bail in the court below itself after framing of charge in this case. (Vinod Kumar Sinha, J) sunil/- U T