Dismissed

Bishun Deo Bhagat v. The State of Bihar

Patna HC18 Jan 2022CR. MISC./38186/2021

Case brief

AI extract

What is this about?

The Division Bench of the Patna High Court denied regular bail to the petitioner, who was charged with murder arising from an assault with a lathi leading to death of his brother-in-law. The court noted the gravity of the injury and cause of death. It directed the petitioner to approach after nine months if no trial progress is made.

What did the court decide?

Regular bail rejected. Prayer to be renewed after nine months if trial remains pending.

Bishun Deo Bhagat Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38186 of 2021

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Arising Out of PS. Case No.-199 Year-2020 Thana- MADHUBAN District- East Champaran

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======================================================

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BISHUN DEO BHAGAT Son of Late Sukai Bhagat Resident of Village - Chauhaniya, P.S. - Madhuban, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dhurendra Kumar, Adv. For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 18-01-2022

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Heard Mr. Dhurendra Kumar, learned counsel for

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the petitioner and Mr. Nawal Kishore Prasad, Additional Public Prosecutor for the State through video conferencing.

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Petitioner seeks regular bail in connection with Madhuban PS Case No. 199/2020 registered for the offence punishable under Sections 302/34 of the IPC.

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The allegation, as per First Information Report, is that the petitioner along with his two brothers assaulted the husband (full brother of the petitioner) of the informant by means of Lathi due to which he died.

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Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to land dispute. He further submits that one Arti Devi who is wife of

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Patna High Court CR. MISC. No.38186 of 2021(2) dt.18-01-2022 2/2

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Gagandeo Bhagat has been granted bail by this Court vide Cr. Misc. No. 31411/2020.

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Learned counsel next submits that petitioner is in custody since 29.08.2020 and the charge-sheet, in the matter, has been submitted. It is also submitted that from perusal of the postmortem report, it would be evident that only one injury has been found on the head of the deceased.

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Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that assault by means of Lathi on the head of the deceased has been made by the petitioner and others, doctor has opined the cause of death due to shock and hemorrhage caused by hard and blunt substance, I am not inclined to grant regular bail to the petitioner. The same is, hereby, rejected.

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However, petitioner, if so advised, may renew his prayer for bail after nine months from today if the trial does not record any progress.

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(Anil Kumar Sinha, J)

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perwez

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U T

Bishun Deo Bhagat v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bishun Deo Bhagat v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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