Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12294 of 2023 Arising Out of PS. Case No.-53 Year-2022 Thana- SIGAUDI District- Patna ====================================================== Amit Kumar S/O Kamlesh Prasad R/v- Madhwa, P.S.- Paliganj, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 29-05-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Sessions Trial Case No. 983 of 2022, arising out of Sigori P. S. Case No. 53 of 2022, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The prosecution case as emerges from the FIR is that on 25.03.2022, when the informant, Ajay Kumar, Chaukidar, Sigori Police Station was collecting information and serving notices, he got information that to the east of Chandosh Tangi Chuharmal Baba, in the field of wheat,

Patna High Court CR. MISC. No.12294 of 2023(3) dt.29-05-2023 2/3 dead-body of a girl has been thrown. On the information, the informant reached at the place and found the dead-body of a girl there. Thereafter, he gave this information to the Officer Incharge of the said Police Station.

Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the F.I.R. and the case is based only on suspicion. He further submits that the petitioner has been languishing in jail since 30.03.2022.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail by submitting that after investigation, the police has found that the petitioner has committed the offence and charge-sheet has been submitted against him and the case is at the stage of

Patna High Court CR. MISC. No.12294 of 2023(3) dt.29-05-2023 3/3 framing of charge. He further submits that as per the postmortem report, the deceased has been brutally murdered. Considering the nature of allegation and material on record, I am not persuaded to enlarge the petitioner on bail at this stage.

However, if the trial is not concluded within a period of two years, he may renew his prayer for bail. (Jitendra Kumar, J) skm/- U