Prasant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11360 of 2023 Arising Out of PS. Case No.-187 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== Prasant Kumar S/O Sri Umesh Sharma R/O Village- Agarpur Barbanta, P.SLalganj, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha For the Opposite Party/s :

Mr. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section302 of the Indian Penal Code and Section 27 of the Arms Act. As per FIR, the informant alleged that some unknown miscreants committed murder of her daughter while she was returning home.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in the FIR and there is no eye witness of the alleged occurrence. It is further submitted that the petitioner was remanded in this case on 08.09.2022 from another case and

Patna High Court CR. MISC. No.11360 of 2023(3) dt.09-05-2023 2/2 since then he is languishing in judicial custody. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner in his self confessional statement confessed his guilt in respect of commission of murder of the informant's daughter. It is further submitted that at the instance of petitioner one pistol was recovered, which is alleged to be used in this alleged offence. As per postmortem report, doctor opined that the cause of death of the deceased is due to haemorrhage shock caused by firearm. During course of investigation several witnesses supported the prosecution version.

Having heard the learned counsel for the parties and considering the facts and circumstances of this case, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

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