Thaga Singh @ Thaga Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7484 of 2023 Arising Out of PS. Case No.-116 Year-2019 Thana- BATHNAHA District- Sitamarhi ====================================================== 1.

Thaga Singh @ Thaga Mahto Son Of Late Bilash Singh R/V- Koili, P.SBathnaha, Dist- Sitamarhi 2.

Vijay Singh Son Of Thaga Singh R/V- Moili, P.S- Bathnaha, Dist- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code later on Section 302 of the IPC was also added. As per prosecution case, the allegation against the petitioners is that they assaulted the informant by means of garasa and iron rod on the head, stomach and neck of the informant due to which she sustained severe injuries and during treatment she died.

Learned counsel for the petitioners submit that the

Patna High Court CR. MISC. No.7484 of 2023(4) dt.27-07-2023 2/3 petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to previous enmity. They have got no criminal antecedent. There is case and counter case between the parties It is further submitted that the petitioner is languishing in judicial custody since 13.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is direct allegation against the petitioners of assaulting by means of garasa and iron rod upon the head, neck and stomach of the informant due to which she sustained many injuries and during treatment she died. As per Postmortem Report, which is annexed with Case Diary, which shows that the deceased sustained five injuries and doctor opined cause of death due to haemorrhage, shock and coma, caused by hard and blunt object. During investigation, witnesses also supported the prosecution version.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioners of assaulting by means of garasa and iron rod, resulting into death of the informant, this court is

Patna High Court CR. MISC. No.7484 of 2023(4) dt.27-07-2023 3/3 not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkumar/- U T