IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11740 of 2011
Suresh Singh And Anr.
Versus
The State Of Bihar
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4 16-08-2011 Heard learned counsel for the petitioner as well as
learned counsel for the state assisted by learned counsel for
the informant.
This bail petition is being pressed on behalf of
petitioner No. 2, namely, Vijay Kumar @ Vijay Kumar Singh.
Petitioner is in custody since 08.12.2010 in a case
registered under sections-302/34 of the of the Indian Penal
Code on the allegation that he alongwith three FIR named
accused persons gave several blows of Bhujali , Chhura and
other weapons to the deceased.
The contention of learned counsel for the petitioner is
that there is no specific allegation of giving any weapon blows
against the petitioner and in course of investigation, one
witness also claimed to have seen fleeing away the petitioner
from place of occurrence but the aforesaid witness has not
stated this fact as to what weapon was being carried out by the
petitioner at that time.
On the otherhand, learned counsel appearing for the
informant points out that altogether 9 injuries were found on the
person of the deceased and out of the aforesaid injuries,
several injuries were said to be caused by sharp cutting
weapons and the aforesaid fact clearly corroborates the
-2-
prosecution story.
Taking into consideration the aforesaid facts and
circumstances as well as submission of the parties, I do not feel
it proper to release the petitioner on bail.
Accordingly, prayer for bail of the petitioner in
connection with Ekma P.S. Case No. 169 of 2010 pending in
the court of Chief Judicial Magistrate, Saran at Chapra stands
rejected.
It appears that the case of the petitioner is still pending
before the Chief Judicial Magistrate, Saran at Chapra. Let the
case of the petitioner be committed to the court of sessions in
accordance with law as early as possible.
AKV/- (Hemant Kumar Srivastava,J.)