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Patna High CourtCR. MISC./29187/2017dismissed

Jitu Kumar @ Jitu @ Behra @ Bahira Gope v. The State Of Bihar

2017-08-10Mr. Justice Vikash Jain1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29187 of 2017 Arising Out of PS.Case No. -263 Year- 2015 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Jitu Kumar @ Jitu @ Behra @ Bahira Gope, son of Kamlesh Yadav, resident of Village/Mohalla- Bhagan Bigaha, P.S. - Rahui, DistrictNalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Chandra, Advocate For the Opposite Party: Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.11.2016 in connection with Harnaut P.S. Case No. 263 of 2015 for the offences alleged under Sections 147, 149, 341, 323, 307, 504, 506, 379 and 34 of the Indian Penal Code and later on, Section 302 of the IPC was also added.

3. It is submitted that the petitioner has been falsely implicated and the accusation of assault is not specific as regards the petitioner.

4. Learned counsel for the APP submits on the basis of the post mortem report as recorded in the case diary that the cause of death is resultant injuries caused by hard and blunt substance. The informant claims to be an eye-witness of the occurrence and has specifically named the petitioner as one of the persons, who have assaulted the informant's father.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed. B.T/- (Vikash Jain, J) U T