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Patna High CourtCR. MISC./30292/2021bail rejected

Jitendra Kumar Singh @ Jitendra Kumar @ Jitendra Singh @ Pintu v. The State Of Bihar

2021-09-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30292 of 2021 Arising Out of PS. Case No.-456 Year-2016 Thana- MASAUDHI District- Patna ====================================================== Jitendra Kumar Singh @ Jitendra Kumar @ Jitendra Singh @ Pintu S/o Late Ragho Prasad Singh Resident of Kewrha, P.S.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Masaurhi P.S. Case No. 456 of 2016, registered for the offence punishable under Sections 324, 307, 302/34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, on the alleged date and time of occurrence, while the informant along with his son, daughter-in-law and villager Suresh came to Masaurhi Halt station for catching train for Patna, in the meantime, this petitioner along with 03 FIR named accused persons came and they made indiscriminate firing, causing firearm injury to his son and daughter-in-law. During course of treatment, son of the informant succumbed to the injury.

Patna High Court CR. MISC. No.30292 of 2021(3) dt.30-09-2021 2/2 It is submitted on behalf of the petitioner that due to land dispute between the parties petitioner has falsely been implicated in this case. During course investigation, two independent witnesses have stated that there were two or three assailants of 20-25 years of age which go to show that petitioner has not committed the murder of informant's son (deceased). Petitioner is in custody since 24.01.2020.

Learned APP however, vehemently opposed the prayer for bail and submitted that petitioner is one of the assailants and there is direct and specific allegation of causing firearm injury to the son of the informant (deceased) and the daughter-in-law.

Considering the nature and gravity of offence, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T