Ashok Singh @ Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42193 of 2024 Arising Out of PS. Case No.-334 Year-2023 Thana- DINARA District- Rohtas ====================================================== Ashok Singh @ Ashok Kumar Singh Son of Raghubansh Singh Resident of Village - Chatar, P.S.- Dinara, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP For the Informant :

Mr. Babu Nandan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in a case registered for the offence punishable under Sections 341, 323, 324, 504, 506, 147 and 302 of the Indian Penal Code.

As per allegation in the FIR, it is a case of death of the deceased due to grievous assault upon the deceased by the petitioner and other co-accused persons due to which the deceased succumbed to his injuries.

Learned senior counsel for the petitioner submits that petitioner has falsely been implicated in this case. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 02.09.2023. He next submits that the injury

Patna High Court CR. MISC. No.42193 of 2024(3) dt.08-10-2024 2/3 caused on the head of the deceased was due to falling on the stair case and not from assault.

Learned APP for the State as well as learned counsel for the Informant have opposed the prayer for bail of the petitioner. Learned counsel for the informant has submitted that there is specific allegation of assault upon the brother of the informant, due to which, deceased succumbed to his injuries. On perusal of the first information report, case diary, postmortem report and impugned order dated 30.01.

2024, it appears that the petitioner and co-accused persons have brutally assaulted the victim (deceased) who later on died due to the injuries caused by the petitioner and other co-accused persons who are specifically named in the FIR and postmortem report also supports the case of the prosecution as the injury was found upon the deceased is of temporal area and fracture in the skull and various other injuries on the body of the deceased caused by the petitioner and other co-accused persons. The informant Rajwansh Singh was also assaulted and the injury report of the informant also shows that there was pain in the body, so considering all aspects of the case, I am not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is

Patna High Court CR. MISC. No.42193 of 2024(3) dt.08-10-2024 3/3 hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T