Mohan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65314 of 2021 Arising Out of PS. Case No.-46 Year-2019 Thana- WARISNAGAR District- Samastipur ====================================================== MOHAN KUMAR SINGH Son of Pramod Kumar Singh Resident of Village - Balahi, Satmalpur P.S. - Waris Nagar, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 31-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Waris Nagar P.S. Case No. 46 of 2019 registered for the offences punishable under Sections 302, 34 of the Indian Penal Code. As per prosecution case, petitioner and others having armed with lathi, danda and other weapons surrounded the informant's brother and began to assault. There is accusation against the petitioner to have assaulted the informant's brother behind the back of head by sharp cutting weapon as a result of which victim sustained injury and died on account of head injury.

Patna High Court CR. MISC. No.65314 of 2021(3) dt.31-08-2022 2/3 Learned counsel for the petitioner submits that petitioner is in custody since 13.07.2021 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that informant is not an eye witness of the alleged incident. From perusal of the FIR, it is evident that there is land dispute between the parties. There is no specific allegation against the petitioner rather allegation is of general and omnibus in nature.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner submitting that there is specific accusation against the petitioner to have assaulted on the head of victim resulting death of the victim and the witnesses have also supported the alleged occurrence. The postmortem report of the deceased also supported the allegation as mentioned in the FIR.

Considering the accusation against the petitioner coupled with injury report mentioned in the postmortem report and other materials available on record, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner stands rejected.

However, learned court below is directed to

Patna High Court CR. MISC. No.65314 of 2021(3) dt.31-08-2022 3/3 conclude the trial as early as possible preferably within one year.

(Alok Kumar Pandey, J) shahzad/- U T