Patna High CourtCR. MISC./74804/2022rejected

Bambhola Ray v. The State Of Bihar

2023-08-07Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74804 of 2022 Arising Out of PS. Case No.-153 Year-2018 Thana- DAUDPUR District- Saran ====================================================== Bambhola Ray Son Of Chandrika Ray R/V- Balesra, P.S.- Daudpur, DistrictSaran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Binod Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 of the Indian Penal Code.

It is alleged against the petitioner that he assaulted the deceased on his head by spade, as a result of which, he succumbed to the injuries during treatment.

Patna High Court CR. MISC. No.74804 of 2022(5) dt.07-08-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against all the F.I.R named accused persons including the petitioner and in the background of some land dispute, the occurrence took place. The petitioner is languishing in custody since 07.03.2022. Learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that there is specific allegation against the petitioner that he assaulted with spade on the head of the deceased. The independent witnesses have also supported the case of the prosecution as against the petitioner.

Considering the fact that there is specific accusation against the petitioner, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

Patna High Court CR. MISC. No.74804 of 2022(5) dt.07-08-2023 3/3 The Trial Court is directed to expedite the trial and conclude the same at the earliest.

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