Patna High CourtCR. MISC./71597/2019bail rejected

Binod Ram @ Binod Mahton v. The State Of Bihar

2019-11-26Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71597 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Binod Ram @ Binod Mahton, S/o Ram Chandra Ram Resident of VillageNaya Tola,S.Kamal,P.S.-S.Kamal,District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with S. Kamal P.S. Case No.79 of 2019, for the offence punishable under Sections 147, 148, 149, 341, 307, 302, 323 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner along with other accused person caught hold the husband of the informant and the co-accused persons assaulted the husband of the informant by means of iron rod, axe and other weapons etc. leading to his death.

Mr. Uma Shankar, learned counsel for the petitioner submits that petitioner has unnecessarily been dragged in this case along with other 16 accused persons. Learned counsel

Patna High Court CR. MISC. No.71597 of 2019(2) dt.26-11-2019 2/2 further submits that no overt act has been alleged against the petitioner and there is specific allegation of assault against the other co-accused persons.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the fact that in the First Information Report, there is clear allegation that the petitioner along with other accused persons caught hold the deceased and the co-accused assaulted the deceased by means of lathi, axe and other weapons, leading to his death, I am not inclined to grant anticipatory bail to the petitioner and the same is hereby rejected.

(Anil Kumar Sinha, J) sanjeev/- U T