Dablu Singh @ Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46867 of 2023 Arising Out of PS. Case No.-290 Year-2022 Thana- ARIYARI District- Sheikhpura ====================================================== DABLU SINGH @ SATYENDRA KUMAR SON OF DEVENDRA SINGH RESIDENT OF VILLAGE BARSA, PS ARIYARI, KASAR OP, DISTSHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra, Adv.

For the Opposite Party/s :

Mr.Atul Chandra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Ariyari (Kasar) P.S. Case No. 290 of 2022 dated 28.10.2022, registered for the offence punishable u/s 341, 323, 325, 379, 504, 506, 34 of the IPC and later on 302 of the Indian Penal Code was added.

3. Allegedly, all the accused persons including this petitioner are said to have pushed and assaulted the informant's mother with lathi due to which she sustained injuries and died during her treatment.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.46867 of 2023(3) dt.25-08-2023 2/3 No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is false and totally based on concocted facts. There is specific allegation against other co-accused persons that they assaulted the informant's mother. There is admitted land dispute between the parties.

5. It is further submitted that the injured mother of the informant died after 10 days of the occurrence. He further submits that when the deceased got injured, she was taken to the government hospital at Sheikhpura from where she was referred to Pawapuri where doctor has suggested her for operation and was operated by Dr. B.K. Rai on 01.11.2022, but after that operation, her condition became deteriorated. Dr. B.K. Rai advised her family to take her to Sadar Hospital, Nawada where she was treated and during course of treatment, she died. The postmortem report also does not support the allegations levelled against the petitioner as it is evident from the postmortem report that the deceased died due to developed embolism after post surgery. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

6. Per contra, learned APP for the State vehemently opposing the bail petition submits that there is sufficient

Patna High Court CR. MISC. No.46867 of 2023(3) dt.25-08-2023 3/3 material in the case diary to show the complicity of the petitioner in the alleged occurrence, hence he does not deserve anticipatory bail.

7. Considering the facts and circumstances of case as well as the nature of the offence, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

8. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail and the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) divyanshi/- U T