Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43049 of 2018 Arising Out of PS.Case No. -311 Year- 2018 Thana -MOTIPUR District-MUZAFFARPUR ====================================================== Subhash Kumar, S/o Shivpujan Rai, R/o Village- Harpur Juneda, P.S.- Motipur, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 29.04.2018 in connection with Motipur P.S. Case No.311 of 2018 registered for the offence under Sections 341, 324, 307 and 506/34 of the Indian Penal Code, which is pending in the court of the learned S.D.J.M., West, Muzaffarpur.

Learned counsel for the petitioner submits that the petitioner may be extended the privilege of bail since the petitioner has been under the treatment at Ranchi Mental Hospital and he is languishing in jail since 29.04.2018. It appears that there is sufficient material against the petitioner for having attacked both the informant and his father

Patna High Court Cr.Misc. No.43049 of 2018 (3) dt.24-07-2018 2/2 while they were sitting in the shop. It further appears that both the persons sustained bleeding injuries and were taken to the hospital and while the accused was fleeing away, he was caught by the villagers and independent witnesses have supported the case.

Whatever be the situation, it appears that the petitioner is a mentally disturbed person.

While rejecting the prayer for bail, the Jail Superintendent, Central Jail, Muzaffarpur is directed to immediately ensure that the petitioner, who is having a history of mental ailments, be not kept with co-prisoners and he should be given a proper psychiatric treatment and removed to such a ward after obtaining the report from the Jail Doctor. Let a copy of this order be forwarded to the Jail Superintendent, Central Jail, Muzaffarpur through the Registry, at the earliest.

(Anjana Mishra, J) PNM U T