Dharmendra Singh @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36285 of 2023 Arising Out of PS. Case No.-373 Year-2022 Thana- FATUA District- Patna ====================================================== Dharmendra Singh @ Dharmendra Kumar Son Of Vasudeo Singh Resident Of Village - Sukulpur, P.S. - Didarganj, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. It is a case of commission of murder of the grand-son of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is not the eye witness to the occurrence. The petitioner was not

Patna High Court CR. MISC. No.36285 of 2023(4) dt.19-01-2024 2/3 apprehended from the spot. Nothing incriminating has been recovered from the conscious possession of the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is renter of the shop of the informant and in the background of some rent dispute, the present accusation has been levelled against the petitioner. The petitioner is languishing in custody since 26.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that at earlier point of time, the petitioner threatened the informant of dire consequences. The petitioner confessed his guilt. The independent witnesses have also supported the case of the prosecution as against the petitioner.

Considering the facts aforesaid, this Court is

Patna High Court CR. MISC. No.36285 of 2023(4) dt.19-01-2024 3/3 not inclined to grant the privilege of bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest.

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