Patna High CourtCR. MISC./79299/2019dismissed

Tribhuwan Sharma v. The State Of Bihar

2020-01-16Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79299 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- RAGHOPUR District- Supaul ====================================================== TRIBHUWAN SHARMA Son of Duryodhan Sharma Resident of VillageDaulatpur, Bhagata Tola, Police Station-Raghopur, District-Supaul. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Naresh Kumar Mehta, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Raghopur P.S. Case No. 09 of 2019 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354(b), 379, 504 and 506 of the Indian Penal Code in which later on Section 302 IPC has been added.

Learned counsel for the petitioner submits that there is land dispute between the parties and for which scuffle took place and there is counter version of the present occurrence also. It is further submitted that there is injury on the petitioner's side also and allegation against the petitioner for causing injury by sword is only with a view to make the case serious.

Learned APP for the State has opposed the prayer of regular bail of the petitioner.

Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.79299 of 2019(2) dt.16-01-2020 2/2 wherein there are allegations of repeated assault by sword on the head of the deceased and the said assault has been specifically attributed to this petitioner and the same stands corroborated from the post mortem report as has been pointed out by the learned Sessions Judge in the impugned order, this Court is not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is refused and this application is dismissed.

Let the trial be expedited.

(Rajeev Ranjan Prasad, J) avin/- U T