Nirbhay Kumar @ Niraj Kumar @ Niraj Kumar Singh @ Nirbhay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16721 of 2022 Arising Out of PS. Case No.-249 Year-2021 Thana- SONEPUR District- Saran ====================================================== Nirbhay Kumar @ Niraj Kumar @ Niraj Kumar Singh @ Nirbhay Singh Son of Kamlesh Singh @ Kamlesh Kumar Singh Resident of Village - Kharika Gangajal, P.s.- Sonpur (Pahleja O.P.), Distt.- Saran at Chapra (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Advocate :
Mr. Rakesh Kumar, Advocate :
Mr. Siyaram Pandey, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP For the Informant :
Mr. Dewendra Narayan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-08-2022 Heard learned senior counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Sonepur P.S. (Paheleja O.P.) Case No. 249 of 2021 registered for the offence under Sections 147, 148, 149, 342, 323, 302, 504 and 506 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 30.05.2021.
The allegation against the petitioner is to commit
Patna High Court CR. MISC. No.16721 of 2022(4) dt.16-08-2022 2/3 murder of brother of the informant, equipped with deadly sharp edged weapons, alongwith other co-accused persons, for previous land dispute.
Learned senior counsel appearing on behalf of the petitioner submitted that post mortem report is creating a doubt, as regard to the manner of assault. It is submitted that if the allegation is believed to be true on its face, then certainly death must be caused due to injury caused by sharp edged weapon but the post mortem report is saying something different, suggesting thereof, that the death was caused due to injury caused by hard and blunt substance. It is also submitted that informant and petitioner are agnets, having previous land dispute. It is further submitted that occurrence was nothing but a free fight, where petitioner has also received injury and lodged a case u/s 307 of the I.P.C. against the informant and others.
While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Patna High Court CR. MISC. No.16721 of 2022(4) dt.16-08-2022 3/3 occurrence. It is further submitted that bail petition of the similarly situated co-accused, namely, Abhay Kumar Singh has already been rejected by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 5325 of 2022 dated 16.05.2022.
In view of the facts and circumstances, as mentioned above, as there is specific allegation against this petitioner to cause fatal blow, resulting death of brother of the informant, this Court is not inclined to grant bail to the petitioner. However, Trial Court is directed to conclude the trial within a period of six months from the date of receipt of this order, by taking the matter on board, on day to day basis. Superintendent of Police, Saran is directed to produce the chargesheeted witnesses, as and when directed by the Trial Court, for expeditious disposal of the trial, within the aforesaid time period.
(Chandra Shekhar Jha, J) Ankit/- U T