Dismissed

Dharmendra Prasad v. The State of Bihar

Patna HC22 Nov 2019CR. MISC./71009/2019

Case brief

AI extract

What is this about?

The Patna High Court granted bail indirectly dismissing the petitioner's application seeking bail. The petitioner contested a case involving assault leading to death, alleging false implication due to a land dispute. The court rejected the application, holding that the gravity of allegations and injury report corroborating them contrary to bail.

What did the court decide?

Handled indirectly by dismissing the bail application due to serious nature of allegations and lack of specific role attributable to petitioner not being sufficient to override prosecution case.

Dharmendra Prasad Vs The State of Bihar — Cheating and Forgery | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71009 of 2019

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Arising Out of PS. Case No.-266 Year-2018 Thana- BHANGWANPUR HAT District- Siwan

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======================================================

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Dharmendra Prasad Son of Krishna Prasad Resident of Village - Shankarpur, P.S.- Bhagwanpur Hat, District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Informant : Mr. Maheshwar Prasad, Advocate For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

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4 22-11-2019

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Heard learned counsel for the petitioner, learned

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counsel appearing on behalf of the informant and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Bhagwanpur Hatt P.S. Case No. 266 of 2018, registered for the offence punishable under Sections 341, 323, 307, 302, 34 of the Indian Penal Code.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to land dispute. It is further submitted that there is no specific role attributed to the present petitioner. The petitioner is in custody since 30.03.2019.

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Learned A.P.P. appearing on behalf of the State

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Patna High Court CR. MISC. No.71009 of 2019(4) dt.22-11-2019 2/2

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vehemently opposed the prayer of the petitioner by contending that the petitioner along with other family members brutally assaulted the father-in-law of the informant by means of Dab, farsa and iron rod. Thereafter, they brutally assaulted Dewar and cousin father-in-law of the informant, as a result of which, father-in-law of the informant died in course of treatment. It is further submitted that the Injury Report also corroborated the allegation. Hence, he does not deserve privilege of bail.

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Having considered the facts and circumstances of the case and the nature of allegation, I am not inclined to allow the prayer of the petitioner for bail.

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Accordingly, this application stands rejected.

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(Arvind Srivastava, J)

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uma/-

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U T

Dharmendra Prasad v. The State of Bihar

Case brief

What is this about?

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Dharmendra Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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