Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2844 of 2023 Arising Out of PS. Case No.-176 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== DEEPAK KUMAR S/O BHIKHAR SHARMA Resident of village-Than Singh Mauji, P.S.- Bakhri, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code. The allegation against the petitioner along with others is of brutally assaulted the Son-in-law of the informant namely, Madan Sharma as well as her family members. It is further alleged that due to assault, the informant's Son-in-law succumbed to injury.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that there was a land dispute between the parties and the deceased aggressed towards the petitioner and his family members. The petitioner is an attempt to

Patna High Court CR. MISC. No.2844 of 2023(3) dt.24-04-2023 2/2 safeguard his sister-in-law and got involved in a free fight with the deceased and others, wherein both the parties sustained injuries. Petitioner is languishing in judicial custody since 27.07.2022. Learned APP for the State and learned counsel for the informant have opposed the application for bail and submitted that there is direct allegation against the petitioner that he assaulted the deceased by means of Bamboo stick due to which he succumbed to injury. From the perusal of the Postmortem report, it reveals that cause of death is due to haemorrhagic and Neurogenic shock as a result of injuries caused by hard and blunt substance on head, which corroborates the prosecution case. During investigation, several witnesses have also supported the prosecution case. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) arish/- U T