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Patna High CourtCR. MISC./67074/2024bail rejected

Satyendra Ram v. The State Of Bihar

2024-12-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67074 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- MAIRWAN District- Siwan ====================================================== Satyendra Ram S/o Late Chanar Ram @ Late Chander Ram R/o VillageSemara, Police Station- Mairwa, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mairwa P.S. Case No. 168 of 2023 dated 03.06.2023 registered for the offence punishable u/ss 302 read with Section 34 of the I.PC.

3. As per the prosecution case, on 03.06.2023 at about 11:00 A.M., the informant along with his elder brother was going toward Ladman Chowk via Semra to deliver a parcel. In the meantime, the petitioner along with two unknown miscreants came and stopped the motorcycle of the informant and asked their name, then his elder brother told his name as Tuntun Chaubey, thereafter, the petitioner started abusing the

Patna High Court CR. MISC. No.67074 of 2024(3) dt.17-12-2024 2/3 informant's brother. On being protested by the informant, the unknown miscreants caught hold of the informant and the petitioner assaulted Tuntun Chaubey (informant's brother) with iron rod causing head injury and the petitioner kept hitting with iron rod to the informant's brother due to that he died.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.06.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the specific allegation of assault the informant's brother is against the petitioner and there is repetition of blow. As per the post mortem report, the cause of death is due to hemorrhage caused by hard and blunt object.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Mairwa P.S. Case No. 168 of 2023 pending in the court of learned Additional Sessions Judge- 8th, Siwan.

Patna High Court CR. MISC. No.67074 of 2024(3) dt.17-12-2024 3/3

7. The application stands rejected.

(Chandra Prakash Singh, J) Jyoti/- U T