Devendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17924 of 2023 Arising Out of PS. Case No.-114 Year-2021 Thana- BARGAINIA District- Sitamarhi ====================================================== Devendra Singh, Aged About 59 Years, Male, Sone Of Late Suraj Singh, Resident Of Village- Ashogi, Ward No. 3, Police Station- Bairgania, DistrictSitamarhi. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Madhubala Verma, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under section 302/34 of the Indian Penal Code.

As per the prosecution case, all the accused persons named in the F.I.R. including this petitioner and 3 to 4 unknown persons armed with weapons assaulted the deceased and pressed his neck with rope and thereafter fled away.

Learned counsel for the petitioner submits that both parties are agnates due to land dispute. He has been falsely implicated in this case. The allegation made in F.I.R is not corroborated by post mortem report. The informant in her statement recorded under Section 164 of Cr. P.C resiled from her

Patna High Court CR. MISC. No.17924 of 2023(2) dt.05-04-2023 2/2 earlier version.

Learned counsel for the State opposes the prayer for bail and submitted this petitioner along with other co-accused committed this murder.

Considering the nature and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T