Chhathu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35136 of 2018 Arising Out of PS. Case No.-472 Year-2017 Thana- KUDHNI District- Muzaffarpur ====================================================== Chhathu Mandal, Son of Late Shatrudhan Mandal, Resident of VillageLadaura, Tole- Ghusukpur, Police Station- Kudhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-07-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Kudhani P.S. Case No. 472 of 2017 dated 01.12.2017 instituted for the offence under Section 302 and 34 of the Indian Penal Code.

The petitioner and his brother are alleged to have assaulted the son of the informant leading to his death. The post-mortem report reveals that because of the assault perpetrated by the petitioner, the deceased suffered extradural hemorrhage in the parietal region of his body.

Mr. Girish Chandra Jha, learned counsel for the petitioner however has submitted that during the course of investigation, the witnesses whose statements have

Patna High Court Cr.Misc. No.35136 of 2018(3) dt.09-07-2018 2/2 been recorded in paragraph- 9, 10, 11, 12 and 13 have stated that the assault was specifically made by the brother of the petitioner and the petitioner was only present there.

However, considering the fact that the informant is an eye witness to the occurrence who has alleged that the petitioner and his brother were seen assaulting the deceased, I am not inclined to grant bail to the petitioner for the present.

The prayer for bail is hereby rejected.

(Ashutosh Kumar, J) krishna/- U T