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Patna High CourtCR. MISC./3133/2024dismissed

Jitendra Kumar Singh @ Jitendra Singh @ Jitendra Mohan Singh v. The State Of Bihar

2024-01-31Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3133 of 2024 Arising Out of PS. Case No.-267 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== Jitendra Kumar Singh @ Jitendra Singh @ Jitendra Mohan Singh Son of Shiv Bachan Singh Resident of village Dema Fatehpur Gaya P.S. Khijarsarai District Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP For Informant :

Mr. Aryan Singh, Advocate Mr. Gajendra Kr. Singh, Advocate Mr. Manish Kr. No. 2, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-01-2024 Heard the learned counsel for the petitioner; Mr. Ajay Kumar Thakur, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 147, 148, 149, 341, 323, 325, 307, 427 and 506 of the Indian Penal Code.

3. As per the prosecution case, the victim who is a software engineer and was working from home was brutally assaulted by the accused including the petitioner. The petitioner is said to have assaulted the victim on his head.

4. The victim was taken to Medanta Hospital, Ranchi where he remained in Coma and as per the submission

Patna High Court CR. MISC. No.3133 of 2024(2) dt.31-01-2024 2/2 of the learned counsel for the informant, he remained in the hospital for three months. The injury report has been produced by the learned counsel for the informant issued by the Medanta Hospital, Ranchi which shows that grievous injury has been sustained by the injured in his head.

5. It has been contended by the learned counsel for the petitioner that there is a land dispute and the land belongs to the petitioner and he is in jail since 03.10.2023. Petitioner claims to be himself a disabled person.

6. For a land dispute, accused have no right to brutally assault prosecution side which has resulted in grievous injury to the injured.

7. Considering the above, I am not inclined to grant bail to the petitioner. This application for regular bail is dismissed.

8. The District Judge, Gaya is directed to get the trial of the petitioner be expedited.

9. Let a copy of this order be communicated to the District Judge, Gaya through FAX for its compliance forthwith. (Sandeep Kumar, J) Shishir/- U T