Patna High CourtCR. MISC./16524/2018rejected

Bishnu Dutt Singh @ Bishundeo Singh v. The State Of Bihar

2018-04-26Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.16524 of 2018 (2) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16524 of 2018 Arising Out of PS.Case No. -26 Year- 2017 Thana -UPHARA District- AURANGABAD ====================================================== Bishnu Dutt Singh @ Bishundeo Singh (aged about 60 years), S/o- Late Dhanuk Singh @ Late Sagun Singh, R/v- Khajuri, P.S.- Karpi, DistrictArwal .... .... Petitioner

Versus

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

For the Petitioner : Smt. Sudha Ambastha, Advocate For the State : Smt Pushpa Sinha, APP For the informant : Sri A.Kr.Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard counsel for the petitioner, the State and the informant.

Petitioner is an accused in a case registered for offence under sections 147, 148, 149, 302, 341, 323, 324, 326, 307 and 506 of the IPC.

Learned counsel for the petitioner submits that the allegations made against the petitioner are general and omnibus and that the medical evidence does not support the manner of assault so as to implicate the petitioner in the case. Order dated 1.12.2017, passed by this Court in Cr.Misc.No. 51985 of 2017 in favour of co-accused Meghnath Singh allowing his prayer for bail, has been relied upon.

Learned counsel for the informant submits that no settlement has been arrived at between the parties as referred to

Patna High Court Cr.Misc. No.16524 of 2018 (2) dt.26-04-2018 in the said order. From the FIR, it is obvious that the allegation of inflicting dagger blow was against the petitioner along with co-accused Meghnath Singh and Manoj Kumar. The medical evidence also shows that the cause of death was due to sharp cutting injury on the left side of the chest as well as sharp cut injury on the left side of scapular region.

Considering the nature of the allegation and the fact that the witnesses during course of investigation have supported the allegation, this Court is not inclined to grant bail to the petitioner for the present as he has no criminal antecedent. The prayer for bail of the petitioner is rejected. (Madhuresh Prasad, J) Shashi.

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