Bhim Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11938 of 2017 Arising Out of PS.Case No. -189 Year- 2016 Thana -RIVILGANJ District- SARAN ====================================================== Bhim Singh, Son of Late Saheb Singh, Resident of Village- Sirsiya, PostSirisiya, P.S.- Revelganj, District- Saran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : M/s A.K.Thakur and Ravi Ranjan, Advs. For the Opposite Party/s : Mr. Md. Ansarul Haque, APP Mr. Bishwajeet Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Revelganj P.S. Case No. 189 of 2016 registered for the offences punishable under sections 341, 323, 307, 504/34 and 302 of the Indian Penal Code.

Allegedly the petitioner and other co-accused assaulted Udai Kumar Singh, the father of the informant, brutally with iron rod, fists and slaps resulting he became seriously injured and during treatment he died.

Submission is of false implication and that during investigation, one Dhananjay Singh has come as an eye witness

Patna High Court Cr.Misc. No.11938 of 2017 (4) dt.24-05-2017 2/2 vide para 25 of the case diary but his statement cannot be relied upon. The informant was informed by owner of the hotel, namely, Basant Singh and staff Tuntun Singh who identified the petitioner and others, but they have not been examined during investigation and as such, the petitioner suffering in custody since 24.11.2016, deserves sympathetic consideration.

Learned APP duly assisted by the counsel for the informant, opposes the prayer of bail by submitting that the petitioner assaulted the victim with iron rod and co-accused Chunmun Yadav also assaulted by Salai Wrench and prayer of bail of Chunmun Yadav has already been rejected by another Bench of this Court vide Criminal Miscellaneous No. 7656 of 2017.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) Mahesh/- U T