Patna High CourtCR. MISC./43688/2024rejected

Dhanjee Singh v. The State Of Bihar

2024-09-18Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43688 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Dhanjee Singh Son Of Late Hari Prasad Singh R/O Village- Dhuwa, P.S.- Sasaram, (M), District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddharth Harsh, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. As per allegation in the FIR, some unknown persons assaulted the father of the informant by axe as a result of which, the deceased succumbed to his injuries.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the informant/petitioner has been made an accused during investigation only on the basis of statement of the uncle of the petitioner who had enmity with the petitioner. Petitioner

Patna High Court CR. MISC. No.43688 of 2024(3) dt.18-09-2024 2/2 has got clean antecedent as stated in para-3 of the petition and he is in custody since 04.03.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. On perusal of the first information report, postmortem report of the deceased and impugned order dated 13.05.2024, it appears that the witness Harendra Singh in para24 of the case diary, he had seen the petitioner running from the field from where the deceased was found lying on the ground and thereafter petitioner was arrested and petitioner confessed his guilt and on the basis of confessional statement, one axe(tangi) used to assault the deceased which was recovered at the instance of the present petitioner. Other witnesses have also supported the fact during investigation, the petitioner had dispute with regard to land and money of the deceased, so considering all aspects of the case, I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is hereby rejected.

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