Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51683 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -CHHATAUNI District- EASTCHAMPARAN (MOTIHARI) ====================================================== Deepak Kumar, Son of Dinesh Prasad, resident of Mohalla- Chhatauni Chauk, P.S.- Chhatauni, District- East Champaran, Bihar. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2018 Heard learned counsel for the petitioner.
The petitioner prays for bail in connection with Chhatauni P.S.Case No. 14 of 2018 registered for the offences punishable under Sections 302 and 120B/34 of the Indian Penal Code.
Allegation as per FIR is that on hearing sound of hue and cry of his brother Mantosh Kumar, Raushan Kumar, younger brother of Mantosh Kumar and nephew of the informant, came out and saw the petitioner and other accused persons stabbed the deceased.
Submission of learned counsel for the petitioner is that there is no eye-witness to the occurrence and due to enmity he has been implicated in this case and post mortem report is doubtful as
Patna High Court Cr.Misc. No.51683 of 2018 (3) dt.12-10-2018 2/2 occurrence took place at 11 A.M. and Post Mortem was done at 11.05 A.M. on the same day and and petitioner is in custody since 18.1.2018 and no specific allegation has been attributed against him.
Heard learned APP also, who has opposed the prayer for bail stating that witnesses have stated that petitioner has caught hold of the deceased and other accused persons have stabbed the deceased Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.
This application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T