Sunil Kumar Pathak @ Sunil Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8697 of 2023 Arising Out of PS. Case No.-239 Year-2022 Thana- DUMRAO District- Buxar ====================================================== Sunil Kumar Pathak @ Sunil Pathak Son Of Late Janardhan Pathak R/O Village- Safa Khana Road, Dumraon, P.S.- Dumraon, District- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Mishra For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 307, 120B and 34 of the Indian Penal Code.

As per F.I.R., the prosecution case is that due to inter-caste marriage accused persons including the petitioner came and fired upon the son of the informant due to which his son sustained gunshot injury. It is further alleged that the petitioner specifically fired upon the head of the deceased due to which he died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. An

Patna High Court CR. MISC. No.8697 of 2023(4) dt.31-07-2023 2/3 altercation is going between the parties due to inter-caste marriage and merely on the basis of that the petitioner has falsely been implicated in this case. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 28.07.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that there is specific overt-act of open firing levelled against the petitioner upon the head of the informant's son due to which his son sustained gunshot injury and died. As per Postmortem Report, doctor opined cause of death due to haemorrahge and shock caused by fire-arm. It is further submitted that during investigation several witnesses also supported the prosecution version.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of open firing upon the head of the deceased, resulting into his death, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.8697 of 2023(4) dt.31-07-2023 3/3 The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkumar/- U T