Patna High CourtCR. MISC./65773/2022rejected

Mokhtar Singh @ Mukhtar Singh v. The State Of Bihar

2023-04-28Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65773 of 2022 Arising Out of PS. Case No.-185 Year-2022 Thana- TARAIYA District- Saran ====================================================== MOKHTAR SINGH @ MUKHTAR SINGH Son of Late Harihar Singh Resident of Village- Harakhpura, P.S.- Taraiya, District- Saran, Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarva Deo Singh, ADvocate For the Opposite Party/s :

Mr.Anil Kumar, APP For the Informant : Mr. Rajiv Ranjan, Advocate : Mr. Rahanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner seeks bail, who is in custody since 21.07.2022 in connection with Taraiya P.S. Case No. 185 of 2022, F.I.R. dated 03.06.2022 registered for the offence punishable under Sections 504,341,324,323,325,302,34 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted to the father of the informant with axe causing injury on his head. During course of treatment, he died.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case due to admitted land dispute.

Patna High Court CR. MISC. No.65773 of 2022(3) dt.28-04-2023 2/2 Further submits that there is case and counter case between the parties and both sides have sustained injury due to present occurrence.

Learned counsel for the informant as well as the learned APP for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner is that he inflicted axe blow on the deceased and he died during treatment. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Taraiya P.S. Case No. 185 of 2022 pending in the court of learned Additional Chief Judicial Magistrate-1st Saran, Chapra.

Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T