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Patna High CourtCR. REV./16/2020dismissed

Abhishek Kumar @ Ayush Kumar @ Abhishek Singh @ Ayush v. The State Of Bihar

2022-08-16Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.16 of 2020 Arising Out of PS. Case No.-637 Year-2017 Thana- SITAMARHI District- Sitamarhi ====================================================== XXX S/O- Saroj Singh Resident of Village - Basantpur, P.S. - Bajpatti, District - Sitamarhi under Guardianship of Saroj Singh, S/O- Mahendra Singh, resident of Village - Basantpur, P.S. - Bajpatti, District - Sitamarhi. ... ... Petitioner

Versus

The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar, Advocate For the Respondent/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. Petitioner, in the present case, is seeking setting aside of the order dated 23.10.2019 passed by learned Children Court - cum- 1st Additional Sessions Judge, Sitamarhi in connection with Sitamarhi P.S. Case No. 637/2017 registered for the offences under Section 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act. Petitioner is in custody since 21.08.2017 having five criminal antecedents as stated in paragraph '3' of the application.

As per the prosecution story, the informant has alleged that on 14.08.2017 at about 7:45 A.M., one unknown person came at his house and called his wife and when she came out from her kitchen room he fired upon her neck as a result of

Patna High Court CR. REV. No.16 of 2020(7) dt.16-08-2022 2/2 which she died. The informant further alleged that he tried to catch the miscreants but he fled away.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Nothing incriminating article has been recovered form his possession, however he is in custody since 21.08.2017.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Having regard to the materials showing that this petitioner is involved in as many as six cases which are of serious and heinous nature and the social investigation report reveals that the petitioner is not a disciplined boy and even his father is not happy with his conduct, this court is not inclined to interfere with the impugned judgment.

This revision application is, thus, dismissed. (Rajeev Ranjan Prasad, J.) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.