Pankaj Kumar @ Fuchchu vs The State Of Bihar
2021 Latest Caselaw 29 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.32210 of 2020
      Arising Out of PS. Case No.-86 Year-2019 Thana- MANPUR District- Nalanda
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Pankaj Kumar @ Fuchchu, aged about 48 years, Son of Late Surendra Lal, Resident of Village- Hargawan, P.S.- Manpur, District- Nalanda.

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

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

For the Petitioner/s    :       Mr. Pramod Kumar Sinha, Advocate
For the State           :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-01-2021

Heard Mr. Pramod Kumar Sinha, learned counsel for the

petitioner and Mr. Md. Arif, learned Additional Public

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

2. The petitioner is in custody in connection with S. Tr.

No. 460 of 2019 arising out of Manpur PS Case No. 86 of 2019

dated 07.05.2019, instituted under Sections 302/504/506/34 of

the Indian Penal Code.

3. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by Hon'ble Mr. Justice Vinod

Kumar Sinha (as he then was) on 04.02.2020 in Cr. Misc. No.

67585 of 2019.

4. The allegation against the petitioner and others is that

they assaulted the brother of the informant and specific against Patna High Court CR. MISC. No.32210 of 2020 dt.05-01-2021

the petitioner is that he assaulted the victim by means of

baraitha on the head and other parts of the body causing serious

injury which led to his death.

5. Learned counsel for the petitioner submitted that there

was altercation between the parties due to which the occurrence

took place on the spur of the moment. It was further submitted

that the petitioner having no criminal antecedent is in custody

since 29.05.2019.

6. Learned APP submitted that the post mortem reveals

multiple injuries on the head and other parts of the body and the

prosecution story is fully corroborated by the same. It was

further submitted that the multiple blows clearly show that the

intention was to kill the deceased.

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.

9. However, the Court below shall take steps to expedite

the trial.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T