Upendra Ray @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21700 of 2022 Arising Out of PS. Case No.-607 Year-2020 Thana- MANER District- Patna ====================================================== Upendra Ray @ Upendra Kumar Son Of Rambabu Ray Resident Of Village - Brahmchari Pokhara, P.S.- Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Prasad Yadav For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 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 147, 148, 149, 448, 307, 302, 379, 504 and 506 of the Indian Penal Code. As per prosecution case, informant alleged that on 05.11.2020 petitioner along with co-accused persons armed with iron rod and lathi came at his house and started abusing and assaulting. It is further alleged that petitioner hit on the head of his brother due to which he 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. It is further submitted that

Patna High Court CR. MISC. No.21700 of 2022(8) dt.24-03-2023 2/2 the petitioner is languishing in judicial custody since 20.12.2021.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail. It is submitted that the during investigation informant and other witnesses supported the prosecution version, which is mentioned in para 6, 7 and 8 of the case diary. From perusal of the postmortem report, three lacerated wounds on the vital part and two fracture on parietal bone of the skull found on the deceased and doctor opined cause of death due to haemorrhage and shock caused by above mentioned ante-mortem injuries leading to cardio-respiratory failure.

Having heard learned counsel for the parties and considering the nature of the allegation, this Court is not inclined to enlarge the petitioner on Bail, as such, his prayer for bail stands rejected.

Learned trial court is directed to expedite the trial and conclude the same as soon as possible.

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