Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48559 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.

Dharmendra Singh S/O Ram Nagina Singh Resident Of Village- Dhanauji, P.S.- Pakridayal, District- East Champaran.

2.

Siyaram Singh @ Sri Ram Singh S/O Ram Nagina Singh Resident Of Village- Dhanauji, P.S.- Pakridayal, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 497, 341, 342, 302, 307, 324, 325, 326, 120(B), 504, 506 of the Indian Penal Code.

The prosecution case in nutshell is that petitioners along with other co-accused persons, variously armed, came at the door of the informant and assaulted the husband of the informant. When brother-in-law of the informant came to his rescue, he was also assaulted by them due to which he

Patna High Court CR. MISC. No.48559 of 2022(3) dt.19-01-2023 2/3 sustained injuries. Specific allegation against petitioners is that they assaulted the husband of the informant with iron rod and farsa on his head due to which husband of the informant succumbed to injuries.

It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this. Petitioners are in judicial custody since 05.05.2022. It is further submitted that there is no eye witness of the alleged occurrence. There is land dispute between the parties. There is case and counter case between them and both sides have sustained injuries.

Learned APP appearing on behalf of the State and learned counsel for the informant vehemently opposed the prayer of the petitioners and submitted that there is specific allegation against petitioners is that they assaulted the husband of the informant with iron rod and farsa on his head due to which husband of the informant succumbed to injuries. Postmortem report shows that deceased has sustained multiple injuries and doctor has opined the cause of death was due to injuries sustained by the deceased.

Patna High Court CR. MISC. No.48559 of 2022(3) dt.19-01-2023 3/3 Witnesses have also supported the prosecution case. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioners on bail and, as such, their prayer for bail stands rejected.

Learned trial court is directed to expedite the trial and conclude the same as soon as possible.

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