Patna High CourtCR. MISC./7274/2024bail rejected

Akshay Kumar Singh @ Akshay Kumar v. The State Of Bihar

2024-04-09Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7274 of 2024 Arising Out of PS. Case No.-167 Year-2023 Thana- BIHTA District- Patna ====================================================== Akshay Kumar Singh @ Akshay Kumar Son of Subhash Singh @ Badri Narayan Singh R/o vill - Amhara, P.S. - Bihta, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bihta P.S. Case No.167 of 2023 lodged under Sections 302/34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against two named and two unknown accused persons including the petitioner against whom allegation of killing the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that name of the petitioner has come virtue of suspicion and there is direct witness or eye witness of this case.

5. Counsel for the petitioner submits that petitioner is

Patna High Court CR. MISC. No.7274 of 2024(3) dt.09-04-2024 2/2 in custody since 19.05.2023 having one criminal antecedent in which he is on bail.

6. Counsel also submits that from the case diary, there is no evidence and material found against him.

7. Learned counsel for the State opposes the prayer for bail and submits that it is a petitioner who killed the deceased along with other accused persons and his dead body was subsequently recovered. He submits that case diary has been called for. From the case diary, confession made by the other accused persons that the other accused persons along with the petitioner have killed the deceased and reason has also been assigned in the case diary.

8. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

9. However, trial court is directed to expedite the trial. (Dr. Anshuman, J.) Prakashmani/- U T