Dharmendra Singh @ Dharmendra Kumar @ Jugnu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31697 of 2015 Arising Out of PS.Case No. -11 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ======================================================
1. Dharmendra Singh @ Dharmendra Kumar @ Jugnu Singh S/o late Ram Kumar Singh@Fenku Singh resident of Village- Dhanua.. Police Station - Katra, District Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.46852 of 2015 Arising Out of PS.Case No. -11 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ======================================================
1. Ajeet Rai @ Ajeet Kumar Rai Son of Late Laxman Rai @ Dukha Rai Resident of Village - Gurudah Gausnagar, P.S. - Runisaidpur, District - Sitamarhi .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.31697 of 2015) For the Petitioner/s : Mr. Navendu Kumar For the Opposite Party/s : Mr. Indiwar Kumari(App) (In Cr.Misc. No.46852 of 2015) For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Minapur P.S. Case No. 11 of 2015 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of
Patna High Court Cr.Misc. No.31697 of 2015 (5) dt.06-01-2016 P2/3 the Arms Act.
Allegedly, Manoj Kumar Singh and Mukund Kumar Mishra @ Mithu Mishra were killed by unknown miscreants in Laxmi Line Hotel, Maksudpur and on getting this information, the informant with his associates went to S.K.M.C.H. Muzaffarpur and gave his fardbeyan. During investigation the name of the petitioner Jugnu @ Dharmendra Singh and Ajeet and others came in the statement of witnesses that the miscreants were taking their names and further the petitioner Dharmendra @ Jugnu confessed his guilt also.
Submission is of false implication and that what prevented the witnesses to disclose earlier the name of the culprits, Police after manipulation have implicated the petitioners, they have got no concern with the alleged crime and as such, they deserve sympathetic consideration to which the learned A.P.P. opposes by submitting that witness Arvind Kumar, Bilash Mandal and Chandeshwar Ram being eye-witnesses have stated the names of petitioners alleging their involvement in committing the crime and as such both do not deserve bail.
In the facts and circumstances stated above, considering that the eye-witnesses Arvind Kumar, Bilash Mandal who are working in the Line Hotel and Chandeshwar Ram a customer of
Patna High Court Cr.Misc. No.31697 of 2015 (5) dt.06-01-2016 P3/3 the Line Hotel being eye-witnesses have named the petitioner regarding their involvement in killing the two deceased and as such this Court is not inclined to release them on bail and accordingly their prayer for bail is rejected. However, considering the detention of the petitioners, let the trial be expedited.
(Jitendra Mohan Sharma, J) Saif/- U T