Patna High CourtCR. MISC./52086/2023dismissed

Dharmendra Kumar @ Dharmendra v. The State Of Bihar

2023-08-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52086 of 2023 Arising Out of PS. Case No.-211 Year-2021 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== DHARMENDRA KUMAR @ DHARMENDRA SON OF SINGHESHWAR CHAUHAN @ SINGHESHWAR PRASAD RESIDENT OF VILLAGE - LALU BIGHA, P.S. BIND, DISTRICT - NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Informant. Learned Additional Public Prosecutor for the State is also present. The petitioner is in custody since 15.03.2023 in connection with Magadh Medical P.S. Case No. 211 of 2021 registered for the offence punishable under Sections 302/201/34 of the Indian Penal Code.

As per the F.I.R., the petitioner along with other coaccused persons had killed the deceased for some monetary dues.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to enmity. It is further submitted that the there was no dispute with regard to money between the deceased and the petitioner. He submits

Patna High Court CR. MISC. No.52086 of 2023(2) dt.23-08-2023 2/2 that no incriminating article has been recovery from the possession of the petitioner and the allegations levelled against the petitioner are false and frivolous.

However, learned A.P.P. appearing on behalf of the State vehemently opposed the bail application and submits that during the investigation, it has come that the petitioner along with the other accused persons had killed the deceased and it is the petitioner who had given the fatal blow.

Considering the facts and circumstances of the case and also the fact that there is specific allegation of assault against the petitioner, I am not inclined to enlarge the petitioner on bail. It is, accordingly, dismissed.

The trial court is directed to expedite the trial. (Sandeep Kumar, J) Saif/- U T