Deebakar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14323 of 2023 Arising Out of PS. Case No.-263 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== Deebakar Kumar Singh S/O Baidynath Prasad Singh @ Baidynath Singh Resident Of Village- Larua, P.S.- Tajpur, District- Samastipur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Nirmala Kumari For the State : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 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 sections 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR, the allegation against the petitioner is that he along with other unknown miscreants fired upon the father of the informant due to which his father sustained injuries and during treatment he died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. He has got no criminal antecedent. It is further submitted that the

Patna High Court CR. MISC. No.14323 of 2023(3) dt.20-06-2023 2/2 petitioner suo-motu surrendered on 08.09.2022 and since then he is languishing in judicial custody.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is specific allegation of shot firing attributed against the petitioner due to which father of the informant sustained injury and during treatment he died. As per postmortem report which is annexed with case diary, wherein doctor opined cause of death is shock and haemorrhage due to projectile firearm injury. Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of opening fire upon the chest of the deceased, resulting into his death, 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