Arbind Kumar @ Arbind Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34432 of 2023 Arising Out of PS. Case No.-656 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== ARBIND KUMAR @ ARBIND YADAV Son of Rambalak Yadav Resident of village - Nanhu Bigha, P.S.- Akbarpur, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar For the Opposite Party/s :
Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Akbarpur P.S. Case No. 656 of 2021 instituted for the offence under Sections 341, 323, 325, 307, 302, 304 of the Indian Penal Code.
3. As per allegation in the FIR, in the background of a land dispute, the petitioner along with other co-accused persons came at informant's house and started assaulting the informant and his family members. During course of the incident, the petitioner is said to have assaulted the father of the informant by means of knife and co-accused Vikky kumar gave sword blow in his abdomen. As a result of which, informant's father sustained injuries and died. Brother of the informant Suraj
Patna High Court CR. MISC. No.34432 of 2023(5) dt.21-09-2023 2/3 Kumar also sustained injury in the alleged occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. There is an admitted land dispute between the parties due to which the petitioner has falsely been implicated in this case. During investigation, some of the witnesses have not supported the prosecution. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Moreover, he is languishing in judicial custody since 29.11.2022.
5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in the FIR who is specifically alleged to have assaulted the father of the informant by means of knife due to which he sustained injuries and thereafter he died. According to the postmortem report of the deceased Balvir Prasad, penetrated wounds were found on chest & waist of the deceased caused by sharp cut weapon and cause of death is opined due to Haemorrhage & shock due to internal bleeding and lungs ruptured. It is further submitted that during investigation, several witnesses of the case have also supported the prosecution version.
6. Having heard the learned counsel for the parties
Patna High Court CR. MISC. No.34432 of 2023(5) dt.21-09-2023 3/3 and considering the fact that the petitioner has specifically been alleged to assault the deceased, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.
(Sunil Kumar Panwar, J) Amandeep/- U T