Ram Belash Kumar @ Ram Bilash Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66064 of 2018 Arising Out of PS. Case No.-259 Year-2017 Thana- PANCHRUKHI District- Siwan ====================================================== Ram Belash Kumar @ Ram Bilash Bhagat, Son of Ramashish Bhagat Resident of Village - Itwa, Police Station - Pachrukhi, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No.-7 For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 and 302 of the Indian Penal Code. Allegation against the petitioner is of commission of assault with spade at the head of Ramji Mahto. Others also assaulted to Ramji Mahto as a result whereof Ramji Mahto died subsequently. The postmortem report would reveal that head injury was cause of death.

Submission is that the Doctor has found contusion on the head of the deceased which cannot be caused by a spade (Kudal).

The material is not specific whether the sharp side hit

Patna High Court Cr.Misc. No.66064 of 2018(4) dt.09-01-2019 2/2 the deceased or the blunt side.

Hence, considering the nature of allegation, especially, considering the fact that the petitioner had knowledge that his act might cause death, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Pachrukhi Police Station Case No. 259 of 2017 pending in the court of learned Chief Judicial Magistrate, Siwan. Hence, prayer for anticipatory bail is refused. (Birendra Kumar, J) Kundan/- U T