Bino Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12143 of 2018 Arising Out of PS. Case No.-117 Year-2017 Thana- BAKHTIARPUR District- Saharsa ====================================================== Bino Roy S/o Late Dashrath Roy, R/o village- Kantho, P.S.- Bakhtiyarpur (O.P. Balwa Hat), District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-06-2018 Heard learned counsels for the petitioner and the State.

The petitioner, already in custody, seeks bail in connection with Bakhtiyarpur (Balwahat O.P.) P.S. Case No. 117 of 2017 registered under Sections 147, 148, 149, 341, 323, 379, 307, 354, 504, 302 and 506 of the Indian Penal Code. Allegation in brief is that this petitioner due to enmity gave iron rod blow over the head of the Ram Rekh Ray as a result of which he became unconscious and fell down and later on succumbed to the injury.

Learned counsel for the petitioner submits that there is general and omnibus allegation of assault against all the accused person and petitioner has been in custody since 10.05.2017. Whereas, learned Counsel for the state submits that

Patna High Court Cr.Misc. No.12143 of 2018(4) dt.20-06-2018 2/2 accusation is specific against the petitioner and the assault done by the petitioner caused death as per the post-mortem report. Having considered the aforesaid facts and circumstances, especially specific accusation against the petitioner, his prayer for bail is rejected.

However, the trial Court is directed to expedite the trial.

(Arun Kumar, J) khushbu/- U T