Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3870 of 2018 Arising Out of PS.Case No. -39 Year- 2017 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Ajay Kumar Son of Dhatal Singh @ Jugesshwar Singh, Resident of VillagePanapur Bateshwar Nath, Police Station-Jandaha, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 07.04.2017 in connection with Jandaha P.S. Case No. 39 of 2017 for offences punishable under Sections 341, 323, 324, 307, 302/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while the informant's father was sleeping in the flour mill one Dhatal Singh co-accused came in search of Nishant (deceased) son of the informant. Thereafter when the informant and his son went to the flour mill, the petitioner along with 7 others surrounded them and the petitioner gave a knife blow on the stomach of the

Patna High Court Cr.Misc. No.3870 of 2018 (3) dt.19-02-2018 2/2 informant's son Nishant who died. It has been stated that there was some dispute between them with regard to the work which they were doing outside the village.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and the allegations are false. He submits that some of the witnesses have stated that the deceased had eve-teased some girls and the villagers have killed the informant's son out of anger. However, learned APP for the State opposes the prayer for bail stating therein that the informant is the eye witness to the alleged occurrence.

Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Jandaha P.S. Case No. 39 of 2017, pending in the court of learned Additional Chief Judicial Magistrate-XI, Vaishali at Hajipur.

The application is, accordingly, rejected.

(Nilu Agrawal, J) Devendra/- U T