Premjeet Kumar @ Amarjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15859 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -SULTANGANJ District- BHAGALPUR ======================================================
1. Premjeet Kumar @ Amarjeet Kumar Son of Dhirendra Kumar Mandal @ Dhirendra Kumar Singh, Resident of Purani Durga Asthan, Sultanganj, Police Station Sultanganj, District Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Singh For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-07-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner is languishing in custody since 12.05.2016 in connection with Sessions Trial No. 609/2016, arising out of Sultanganj P.S. Case No. 74/16 for offences punishable under Sections 396/412 of the Indian Penal Code and 25(1-b) a, 26, 27, 35 of the Arms Act.
The prosecution case is that on 06.05.2016/07.05.2016 in the night, a dacoity was committed in the house of the deceased and in course of committing the said crime, the deceased was killed. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that his name
Patna High Court Cr.Misc. No.15859 of 2017 (6) dt.31-07-2017 2/2 surfaced on the statement of one Ankit Kumar, who was arrested on the spot, and the witness Sapna Kumari, who is niece of the informant. He submits that although charge has been framed, none of the witnesses have been examined up till now.
However, learned counsel for the informant and the learned APP for the State vehemently oppose the prayer for bail stating therein that the eye-witness has seen the petitioner committing robbery and on his order another coaccused fired at her father, as a result of which he succumbed to the injury and that the petitioner has as many as seven cases pending against him.
Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Sessions Trial No. 609/2016, arising out of Sultanganj P.S. Case No. 74/16, pending in the court of learned 3rd Addl. District and Sessions Judge, Bhagalpur.
Application is, accordingly, rejected.
(Nilu Agrawal, J) Rajesh/- U T