Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72359 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== NEERAJ KUMAR Son of Harendra Prasad Resident of Village - Karnpura, P.S.- Manjhagarh, Distt - Gopalganj.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Umesh Kumar Singh, Advocate.

For the State :

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Manjhagarh Police Station Case No.158 of 2019/GR. No.1992 of 2019 registered under Sections 302/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Gopalganj.

The accusation is that on 27.06.2019 at about 09.30 A.M., Chandan Kumar, the younger brother of the informant Kundan Kumar, proceeded from the house for doing the work of labourer at Manjhagarh Market, where his cousin Neeraj Kumar (petitioner) and Tuna Kumar reached and started to abuse to the brother of the informant, demanding the money for erection of the boundary wall. Thereafter, this petitioner and Tuna Kumar giving threatening to the younger brother of the informant went to their house and again they

Patna High Court CR. MISC. No.72359 of 2019(2) dt.18-12-2019 2/2 started to abuse at the house of the informant. When Chandan Kumar made protest, then this petitioner, Tuna Kumar and Raja Kumar started to abuse him, dashed him on the ground and caused injury to him at his stomach through knife. Later on, Chandan Kumar, the younger brother of the informant, died. Learned counsel appearing on behalf of the petitioner submits that while the allegation has been made against the petitioner and two others to cause knife injury at the stomach of Chandan Kumar, the younger brother of the informant, but, in the post-mortem examination of Chandan Kumar, only two injuries were found on his stomach. The petitioner is in custody since 28.06.2019. Having regard to the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected. (Rajendra Kumar Mishra, J) P.S./- U T