Umesh Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.18320 of 2018 (3) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18320 of 2018 Arising Out of PS.Case No. -455 Year- 2017 Thana -GARKHA District- SARAN ====================================================== Umesh Rai, Son of Late Musafir Rai, Resident of Village- Tahal Tola, P.S.- Garkha, District- Saran at Chapra.

... .... Petitioner/s

Versus

1. The State of Bihar.

... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 14.11.2017 in connection with Garkha P.S. Case No. 455 of 2017 for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 302 of the Indian Penal Code. Learned counsel for the petitioner submits that there is case and counter case between the parties and both sides have sustained injuries.

Learned counsel for the informant submits that the petitioner and his associates had assembled there with a clear intention of attacking the informant's side and the uncle of the informant died as a result of the injury inflicted by the petitioner and also by one other person. The post-mortem report also indicates that there was a sharp cut injury of 17 cm. length which

Patna High Court Cr.Misc. No.18320 of 2018 (3) dt.26-04-2018 has been found to be stitched at the place where the deceased was firstly examined.

Considering the nature of allegation made and the materials available in the case diary, I am not inclined to grant bail to the petitioner. It is accordingly, rejected. It is however, directed that the petitioner may renew his prayer for bail after framing of charge.

(Anjana Mishra, J) Jagdish/- U T