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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11098 of 2024 Arising Out of PS. Case No.-254 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== Kanchan Singh @ Kanchan Kumar Singh Son of Phuleshwar singh Resident of Village- Sonma, P.S.- Baheri, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.

2. The petitioner is in custody in connection with Baheri P.S. Case No. 254 of 2023 registered for an offence punishable under Sections 302 and 120(B)/34 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of murder of the son of the informant and his mother by the accused persons.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that petitioner is in custody since 25.07.2023.

5. Learned APP for the State and learned counsel for

Patna High Court CR. MISC. No.11098 of 2024(4) dt.21-06-2024 2/2 the Informant opposes the prayer for bail of the petitioner.

6. On perusal of the first information report, case diary and postmortem report of the deceased, it appears that in para-41 of the case diary, the witness, namely Manohar Chaupal has stated that petitioner, co-accused Amod Singh and another man whom they did not recognize, were coming out of the courtyard of the deceased and petitioner and co-accused Amod Singh had sawal in their hands and in the morning, it was revealed that Dilip Singh's mother and his son were murdered so he did not tell anything to anyone out of fear. The allegation levelled against the petitioner is of a serious nature and petitioner has got criminal antecedent, after investigation, it was found that the occurrence to be true and chargesheet has been submitted against the petitioner, so I am not inclined to grant bail to the petitioner.

7. Prayer for bail of the petitioner is hereby rejected.

8. The trial Court is directed to conclude the trial as early as possible.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T