Sanjeev Narayan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77529 of 2024 Arising Out of PS. Case No.-279 Year-2024 Thana- MADHAURAH District- Saran ====================================================== Sanjeev Narayan S/O Satyendra Narayan @ Satyendra Narayan Singh R/O Village - Takina, P.S- Marhowrah,Dist.- Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Piyush Parasar, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP For the Informant :
Ms. Anukriti Jaipuriyar, Advocate Mr. Rajani Kant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.
2. The petitioner seeks bail in connection with Marhaurah P.S. Case No. 279 of 2024, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 506 and 504 of the Indian Penal Code.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons assaulted the deceased Suresh Singh by means of lathi, iron rod, bricks, stone due to which he sustained grievous injury over his person. Thereafter, the deceased was taken to hospital, but in course of treatment, he died.
Patna High Court CR. MISC. No.77529 of 2024(4) dt.14-02-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of six days in lodging the FIR. Both the parties are Gotiyas. There is land dispute going on between the parties. It is next submitted that no specific overt act has been attributed against the petitioner. Specific allegation is against co-accused, namely, Indrjeet Kumar Singh, who was the order giver. The petitioner is in custody since 15.05.2024 and has got two criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 20.11.2024 passed in Cr. Misc. No. 70729 of 2024.
5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that the petitioner is named in the FIR. There is also specific allegation of assault against the petitioner. Hence, the petitioner does not deserve the privilege of bail.
Patna High Court CR. MISC. No.77529 of 2024(4) dt.14-02-2025 3/3
6. On perusal of the report dated 28.01.2025 received from the learned Court below, it transpires that three witnesses have been examined and the trial is likely to be concluded within a period of six months.
7. Considering the aforesaid facts and circumstances of the case, nature of accusation and the stage of trial, this Court is not inclined to grant bail to the petitioner.
8. The prayer is rejected. The trial Court is directed to expedite the Trial expeditiously.
(Rudra Prakash Mishra, J) Rajorshi/- U T