Md Israil @ Lal Bano @ Lal Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76000 of 2019 Arising Out of PS. Case No.-109 Year-2019 Thana- POTHIYA District- Kishanganj ====================================================== MD ISRAIL @ LAL BANO @ LAL BABU Son of Late Yaqub Resident of Village - Kharabari Udgara, P.S. - Pothia, District - Kishanganj. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2019 The petitioner seeks regular bail in connection with Pothia P.S. Case No. 109 of 2019, registered for offences punishable under Sections 341, 323, 302, 307/34 of the Indian Penal Code.
Allegation against the petitioner and one co-accused is of assault to nephew of informant causing his death. There is also allegation against them of assaulting the informant. It has been submitted on behalf of the petitioner that the F.I.R. itself shows that the occurrence took place due to grazing of cattle of petitioner in the field of informant and the occurrence took place in the spur of moment and there was no intention to kill the deceased. Petitioner has been in judicial custody sine 12.08.2019.
Learned counsel for the State opposed the prayer for
Patna High Court CR. MISC. No.76000 of 2019(3) dt.12-12-2019 2/2 bail on the ground that there are materials against the petitioner in the case diary showing that the petitioner and one co-accused assaulted the deceased and in the postmortem report also, two injuries were found on the dead body of the deceased. Having heard both sides, considering the facts and circumstances of the case, at this stage, I am not inclined to enlarge the petitioner on bail.
This application is accordingly dismissed.
(Vinod Kumar Sinha, J) sunilkumar/- U T