Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8404 of 2022 Arising Out of PS. Case No.-389 Year-2021 Thana- KHAIRA District- Saran ====================================================== JITENDRA SINGH Son of Sadanad Singh Resident of Village - Phirozpur, P.s.- Khaira, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 302 read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner along with his wife is alleged to have assaulted the father of the informant and due to which he died in the next day.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in

Patna High Court CR. MISC. No.8404 of 2022(4) dt.03-08-2022 2/2 this case due to local politics. There is no eye-witness in this case. The petitioner has clean antecedent as stated at para 3 of the bail petition. Learned counsel for the petitioner has further submitted that Prabhu Singh has falsely been implicated in this case as he is gotiya of the deceased and there is a land dispute between Prabhu Singh and the petitioner. The petitioner is in custody since 01.11.2021.

Learned A.P.P. for the State has opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner and there is sufficient material against the petitioner to commit murder of the informant's father. The post-mortem report shows that fracture of occipital bone was found and the cause of death is due to the said injury caused by hard and blunt substance.

Considering the aforesaid facts and circumstances as well as the specific allegation against the petitioner, I am not inclined to enlarge the petitioner, above-named on bail. Learned trial Court is directed to expedite the trial and conclude the same preferably within nine months. The bail application is rejected.

(Chandra Prakash Singh, J) shobhakri/- U T