← Library
Patna High CourtCR. MISC./1062/2025bail rejected

Amit Kumar @ Amit Kumar Singh @ Ajit Kumar @ Bachcha Singh @ Buchcha Singh v. The State Of Bihar

2025-02-14Mr. Justice R. P. Mishra4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1062 of 2025 Arising Out of PS. Case No.-38 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Amit Kumar @ Amit Kumar Singh @ Ajit Kumar @ Bachcha Singh @ Buchcha Singh Son of Raj Kumar Singh R/vill - Rahua, P.s and Distt - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 38 of 2023 instituted for the offences under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the accusation against the petitioner is of being involved in the alleged murder of the Informant's father.

4. This is the second attempt of the petitioner. Earlier, the petitioner had moved before this Court with a prayer for bail which was rejected vide order dated 18.04.2024 passed in Cr. Misc. No. 72145 of 2023. Learned counsel for the petitioner

2/4 submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. There is no eye-witness to the alleged occurrence. There is also no direct or specific allegation of assault against the petitioner rather the same is omnibus and general in nature. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 20.01.2023. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that the petitioner is named in the F.I.R. and there is specific allegation against him to be involved in the alleged murder of the deceased. After investigation, the I.O. has submitted the charge-sheet against the petitioner under Section 302, 120(B)/34 of the I.P.C. and Section 27 of the Arms Act and cognizance has already been taken by the learned trial court and, thus, the petitioner does not deserve bail.

6. Pursuant to the order of this Court, the learned court below has sent status report regarding present stage of the trial dated 29.01.2025 and, from perusal of the same it appears that

3/4 out of 05 witnesses of the charge-sheet, one prosecution witness has been examined who is the medical officer. The Informant and other 03 witnesses of the charge-sheet are yet to be examined by the prosecution.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the gravity and seriousness of the alleged offence as also the report sent by the trial court, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the prayer for bail of the petitioner, above named, is again rejected with a direction to the court below to expedite the trial and conclude the same expeditiously preferably within a period of six months from the date of receipt/production of a copy of this order.

9. If the trial is not concluded within the aforesaid period of six months, the petitioner will be at liberty to renew his prayer for bail before the court below which will be disposed of on its merit without being prejudiced by this order.

10. The District Magistrate, Lakhisarai and the Superintendent of Police, Lakhisarai are also directed to ensure

4/4 presence of the charge-sheet witnesses in time as and when required by the learned Trial Court so that the trial could be completed within the time-frame as stated above.

11. Let a copy of this order be sent to the District Magistrate, Lakhisarai and the Superintendent of Police, Lakhisarai for strict compliance of this order. (Rudra Prakash Mishra, J) rishi/- U T