Dun Kahar @ Rajendra @ Rajendra Prasad @ Rajendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34866 of 2021 Arising Out of PS. Case No.-468 Year-2020 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Dun Kahar @ Rajendra @ Rajendra Prasad @ Rajendra Singh S/o- Budhan Kahar @ Budheshwar @ Budhan Prasad @ Dudheshwar Prasad Resident of Village- Tekari Mohalla, P.S.- Nagar, District- Aurangabad. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Singh For the Opposite Party/s :
Mrs. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.
21-10-2021 Heard learned counsel for the parties.
The petitioner seeks bail in Aurangabad Town P.S. Case No. 468 of 2020, registered for the offence under Sections 302, 323, 341, 324, 147, 148, 149 of the Indian Penal Code. As per the prosecution case, this petitioner alongwith other co-accused Arun Kahar stabbed the son of the informant, due to which, he died.
There is case and counter case. It is submitted on behalf of petitioner that petitioner has committed no offence and he has been falsely implicated. In fact, at the time of alleged occurrence, the petitioner, being a salesman, was at the shop. Both parties were fighting against each other and there were injuries on both sides. It is further submitted that from the
Patna High Court CR. MISC. No.34866 of 2021(3) dt.21-10-2021 2/2 accused side also, one Nippu Chaudhary sustained several stab injuries, for which, co-accused Mantu Chaudhary has lodged a case against the informant side, vide Aurangabad Town P.S. Case No. 467 of 2020.
However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific allegation against this petitioner of causing stab injury on the deceased. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. However, since the petitioner is in custody since 17.12.2020, the trial court is directed to expedite the trial. (Prabhat Kumar Singh, J.) anay U T