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Patna High CourtCR. MISC./18616/2023rejected

Manoj Singh v. The State Of Bihar

2023-07-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18616 of 2023 Arising Out of PS. Case No.-98 Year-2022 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Manoj Singh S/O Late Pashupati Singh R/O Village- Pahsara, P.S- Nawkothi, District- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302 of the Indian Penal Code.

As per prosecution case, the allegation against the petitioner is that he assaulted his own father by means of handle of hand pump due to which his father sustained severe injuries and died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is own brother of the informant and due to land dispute he has falsely been implicated in this case. He has got

Patna High Court CR. MISC. No.18616 of 2023(3) dt.17-07-2023 2/2 no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 29.08.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is direct allegation of committing murder of the informant's father by means of handle of hand pump. During investigation independent witnesses also supported the prosecution version. As per Post Mortem Report, wherein doctor opined that cause of death is neurogenic and haemorrhagic shock caused by heavy, hard and blunt object.

Having heard the learned counsel for the parties and considering the facts and circumstances that there is direct allegation against the petitioner of committing murder of his own father, 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 conclude the same as soon as possible.

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