Patna High CourtCR. MISC./12107/2021bail rejected

Sunil Kumar v. The State Of Bihar

2021-06-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12107 of 2021 Arising Out of PS. Case No.-289 Year-2019 Thana- KAKO District- Jehanabad ====================================================== SUNIL KUMAR SON OF LATE RAMESHWAR YADAV R/o villageJalalpur, P.S.- Kako, District- Jehanabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Kako Bhelawar Police Station Case No. 289/2019registered for the offences punishable under section 302 and other sections of the Indian Penal Code.

As per the prosecution case, at 11.30 PM petitioner and one Sudhir Kumar entered into the house of informant and opened fire on his father, as a result of which he died on the spot.

Learned counsel for the petitioner submits that there is no eye witness of the occurrence. There is no specific allegation against the petitioner and due to subsisting land dispute, he has falsely been roped in the case and the witnesses examined in the case has not disclosed the name of the petitioner. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 8.7.2020.

Learned counsel for the State opposes the prayer for bail and submits that the allegation is supported by the inquest

Patna High Court CR. MISC. No.12107 of 2021(2) dt.25-06-2021 2/2 report, in which it has been mentioned that the deceased sustained bullet injuries.

Considering the rival submissions of the parties, materials available on the record and the fact that there is specific allegation against the petitioner that he and his associate fired on the victim who died on the spot, his prayer for bail is refused.

(Prabhat Kumar Singh, J) shashi/- U T