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2025 DAILYLAW 76787 (PAT)

Deepu Rai @ Dipu Rai @ Dipu Ray @ Deepak Kumar v. The State of Bihar

CR. MISC./73228/2024 · 2025-08-01

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73228 of 2024 Arising Out of PS. Case No.-372 Year-2020 Thana- BANIAPUR District- Saran ====================================================== Deepu Rai @ Dipu Rai @ Dipu Ray @ Deepak Kumar S/O Uttam Ray @ Uttam Rai R/o - Baraitha, P.S - Baniyapur, District - Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit , APP For the informant : Mr. Jeetendra Narayan, Advocate Mr. suresh Prasad , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 6 01-08-2025 Heard learned counsel for the parties. 2. The petitioner seeks bail in Baniyapur P.S. Case No. 372 of 2020, registered for the offence under Section 341, 342, 323, 324, 307, 302, 506 / 34 of the Indian Penal Code . 3 . As per the prosecution case , all the FIR named accused persons, including this petitioner, are alleged to have assaulted the husband of informant with rod, lathi, danda, farsa and bricks, as a result of which, he died during treatment. 4. It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence as alleged. Admittedly, there is land dispute between both the parties which led to scuffle between them. Allegation of assault is general and omnibus against this petitioner. There is no Patna High Court CR. MISC. No.73228 of 2024(6) dt.01-08-2025 2/2 repetition of blow alleged against this petitioner. Petitioner is in custody since 15.08.2021 . 5 . Learned A . P . P. for the State as well as learned counsel for the informant opposed the bail petition and submitted that specific allegation of overt act is against other co-accused Pintu and Deepu, who caused injury by farsa on the head of deceased. Postmortem report also corroborates the allegation against this petitioner. 6. Considering the aforesaid facts, nature of accusation , materials available on record and other circumstances of the case , the bail petition of petitioner is rejected. However, since petitioner is in custody since 15.08.2021 , learned trial court is directed to conclude the trial preferably within a period of one year from the date of receipt/production of copy of this order. Koushik/- (Prabhat Kumar Singh, J) U T