Banaras Rai vs The State Of Bihar
2021 Latest Caselaw 904 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 33016 of 2020
       Arising Out of PS Case No.-7 Year-2020 Thana- DARIYAPUR District- Saran
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Banaras Rai (M), aged about 56 years, Son of Late Ramjivan Rai, Resident of Village-Rampur Jaiti, PS and PO-Dariyapur, District-Saran.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s    :        Ms. Chhaya Kirti, Advocate
For the State           :        Mr. Anant Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-02-2021

The matter has been heard via video conferencing.

2. Heard Ms. Chhaya Kirti, learned counsel for the

petitioner and Mr. Anant Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with

Dariyapur PS Case No. 07 of 2020 dated 07.01.2020, instituted

under Sections 302/34 of the Indian Penal Code.

4. The allegation against the petitioner is that he, along

with other accused, was at his house and when the informant and

his two brothers were passing by their house, the accused came

running out and caught hold of the brother of the informant and

other co-accused caught hold of various parts of his body and Patna High Court CR. MISC. No.33016 of 2020 dt.17-02-2021

further that co-accused Daroga Rai ordered the petitioner and co-

accused Nanu Rai to kill the said brother of the informant on

which the petitioner and Nanu Rai has taken out knife and

attacked on the neck of the brother of the informant. It is further

alleged that when the informant and his another brother rushed to

rescue the victim, the accused caught hold of them and started

assaulting and also threatened them.

5. Learned counsel for the petitioner submitted that all

the family members have been made accused due to mala fide

motive. It was submitted that the postmortem report does disclose

injury on the neck but it did not damage any vital region which

could have caused death and even the opinion is that the death was

due to shock and haemorrhage which cannot be solely co-related

to the injury alleged to have been inflicted by the petitioner. It

was submitted that other co-accused have been granted bail and

the petitioner has no criminal antecedent and is in custody since

27.01.2020.

6. Leaned APP, from the case diary, submitted that

witnesses have consistently supported the FIR version and further

that the inquest and postmortem reports corroborate the allegation.

It was submitted that there was two inch deep injury on the neck

and the fact that attack is by knife on the neck clearly indicates Patna High Court CR. MISC. No.33016 of 2020 dt.17-02-2021

that the intention was to kill. It was further submitted that co-

accused Nunu Rai, who is said to have, together with the

petitioner, inflicted blow on the neck, has not been granted bail

and only other co-accused against whom there was no direct

allegation of inflicting any life threatening injury on the deceased,

have been granted bail.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant bail to the petitioner.

8. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T