Kalendra Kumar @ Kalendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31985 of 2025 Arising Out of PS. Case No.-107 Year-2024 Thana- DARIHAT District- Rohtas ====================================================== Kalendra Kumar @ Kalendra Singh, S/o Harinarayan Singh, Resident of vill - Nand tola Huraka, P.S- Darihat, Distt.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sadanand Roy, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Darihat P.S. Case No. 107 of 2024 dated 27.10.2024 instituted for the offence punishable under Sections 103(1) 3(5) of Bhartiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he along with his wife assaulted on the head of the husband of the informant repeatedly by means of handle of hand pump due to which he died at the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner is Bhaisur of the informant and the deceased is the
Patna High Court CR. MISC. No.31985 of 2025(3) dt.20-08-2025 2/3 full brother. There is land dispute between the parties. The wife of the petitioner has earlier lodged a case bearing Darihat P.S. Case No. 62 of 2024 dated 04.07.2024 against the informant, the deceased and their family members. It is further submitted that due to family dispute, the present occurrence took place. Learned counsel for the petitioner further submits that the petitioner pushed the deceased due to which the deceased fell on the handle of the hand pump and he sustained head injury. Lastly, it has been submitted that the petitioner is in custody since 22.11.2024 having no criminal antecedents. Charge-sheet has been submitted in the case.
5. Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner stating that the petitioner assaulted the deceased repeatedly by handle of the hand pump due to which he sustained two injuries on the head and consequently, he died at the spot.
6. Considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage.
7. Accordingly the prayer for regular bail on behalf of the petitioner stands rejected for the present.
8. The learned trial court is directed to expedite the
Patna High Court CR. MISC. No.31985 of 2025(3) dt.20-08-2025 3/3 trial and make all endeavour to conclude the trial at the earliest, preferably, within a period of nine (9) months from the date of receipt or production of a copy of this order. (Khatim Reza, J) premchand/- U T