Munna Singh @ Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8830 of 2023 Arising Out of PS. Case No.-91 Year-2022 Thana- DANIYAWAN District- Patna ====================================================== Munna Singh @ Birendra Kumar S/O Sri Raj Karan Singh R/O MohallaDaniyawa Bazar, P.S.- Daniyawan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Mr. Krishan Pd. Singh, Sr. Adv For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has prayed for bail in connection with Daniyawan P.S. Case No. 91 of 2022 instituted for the offence under Section 302 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted the informant's brother-in-law by means of knife repeatedly due to which he sustained injuries and later on during the course of his treatment, he died due to injuries. The reason behind this occurrence is said to be parent's property.

Patna High Court CR. MISC. No.8830 of 2023(4) dt.22-08-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. It is further submitted that informant is not eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since Petitioner is languishing in custody since 04.07.2022. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that the petitioner is named in FIR and there is specific overt act of assaulting by means of knife against him. It is further submitted that during investigation, witnesses supported the prosecution case and had seen the occurrence which is mentioned in para-54 of the case diary. It is also submitted that as per postmortem report, doctor opined that the cause of death is due to injuries sustained on the body of the deceased.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is 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

Patna High Court CR. MISC. No.8830 of 2023(4) dt.22-08-2023 3/3 conclude the same as soon as possible.

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