Patna High CourtCR. MISC./10059/2024bail rejected

Chand Kumar v. The State Of Bihar

2024-04-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10059 of 2024 Arising Out of PS. Case No.-82 Year-2023 Thana- MORKAHI District- Khagaria ====================================================== Chand Kumar S/O LATE AKALU SAH VILLAGE- BACHHAUTA, PS.- MORKAHI, DIST. KHAGARIA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Morkahi P.S. Case No.82 of 2023 lodged under Sections 302 and 34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against 2-3 unknown accused persons and the petitioner against whom suspicion has been casted by the informant that he has alleged to kill the informant's son.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from the F.I.R. and from the case diary, it transpires that there is no eye witness in this case and petitioner's name has come only on the basis of suspicion.

Patna High Court CR. MISC. No.10059 of 2024(3) dt.16-04-2024 2/2

5. Counsel for the petitioner submits that petitioner is in custody since 06.07.2023 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail and submits that though there is no eye witness, but from the statement made in paragraphs 46 and 47 of the case diary, it become crystal clear that the petitioner was seen coming outside the place, where the dead body has been recovered at the night of the occurrence.

7. Upon specific query whether charge has been framed or not. Counsel submits that he is not aware about the framing of charge.

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 at present.

(Dr. Anshuman, J.) Prakashmani/- U T