Patna High CourtCR. MISC./8755/2023rejected

Dhara Singh v. The State Of Bihar

2023-07-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8755 of 2023 Arising Out of PS. Case No.-18 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== DHARA SINGH S/O Shambhu Singh R/O Village- Sihauta, P.SMaharajganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379, 506 and 302 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of stabbing knife to the informant due to which, he sustained injuries and succumbed to injury. It is further alleged that he took out Rs. 20,000/- from informant's pocket.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that there is no any motive or intention to kill the informant. There is no eye-witness of the alleged occurrence. Petitioner is languishing in judicial custody since 27.02.2019.

Patna High Court CR. MISC. No.8755 of 2023(4) dt.20-07-2023 2/2

5. Learned APP for the State has opposed the application for bail and submitted that there is specific overt act of stabbing upon the informant is against the petitioner, due to which he succumbed to injury. As per postmortem report, it appears that the cause of death is haemorrhage as a result of sharp cutting weapon, which corroborates the prosecution case. During investigation several witnesses have also supported the prosecution case.

6. 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.

7. The trial Court is directed to conclude the trial expeditiously.

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