Mohan Kumar @ Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32818 of 2023 Arising Out of PS. Case No.-152 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Mohan Kumar @ Mohan Singh Son Of Uday Shankar Singh @ Uday Singh R/V- Gabbe, P.S.- Sheikhpura (Hathiyawan O.P) Dist- Sheikhpura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dinkar Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 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 u/s 147, 341, 323, 324, 307, 302, 120b, 504, 506 of the Indian Penal Code. As per prosecution case, the allegation against the accused persons including the petitioner is that due to land dispute, they armed with various weapons came and started assaulting to the informant and his brothers. It is further alleged that co-accused, namely, Shashikant @ Sunny gave repeated stab blow to the informant's younger brother due to which his brother sustained stab injuries and succumbed to injury, and the informant's another, brother namely, Anil

Patna High Court CR. MISC. No.32818 of 2023(3) dt.26-07-2023 2/3 Singh upon whom the petitioner gave knife blow who sustained many grievous injuries and his treatment is going on.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous land dispute. It is further submitted that the petitioner is languishing in judicial custody since 14.03.2023. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is direct allegation against the petitioner of repeated stabbing to the informant's brother due to which his brother sustained many stab injuries on his vital parts of the body. As per Supplementary Injury Report, which is annexed with Case Diary, which shows that the informant's brother sustained six injuries out of them, three injuries are severe in nature. During investigation witnesses also supported the prosecution version.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of repeated stabbing upon the chest of

Patna High Court CR. MISC. No.32818 of 2023(3) dt.26-07-2023 3/3 the informant's brother, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

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