Loha Singh @ Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14777 of 2024 Arising Out of PS. Case No.-588 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Loha Singh @ Sudhir Kumar Son Of Sukul Ray Resident Of Village - Lodipur Ward No.35, P.S. - Town Hajipur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Basant Kumar Chaudhary, Sr. Advocate Mr.Shashi Bhushan Kumar, Advocate For the State :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Town Hajipur P.S. Case No. 588 of 2023 registered for the offence punishable under Sections 302 and 120(b) of the Indian Penal Code.

3. As per the prosecution case, the son of the informant was a drug addict and he has been killed by the petitioner and other accused persons.

4. Learned senior counsel for the petitioner has submitted that except for suspicion there is no material against the petitioner in the F.I.R. It is an admitted position that the deceased was a drug addict and he may have been killed by

Patna High Court CR. MISC. No.14777 of 2024(2) dt.12-03-2024 2/2 someone but there is no eye witness to the alleged occurrence.

5. Learned APP for the State and learned counsel for the informant have argued that during investigation, the mother of the deceased has said that the petitioner along with other coaccused had visited the house of the deceased and had taken away the deceased and thereafter, the deceased has been killed. They also submits that the petitioner has criminal antecedents also. The informant had earlier given applications before the police officers about his apprehension that his son may be killed by the accused persons. The case is still under investigation though charge-sheet has been submitted against the petitioner.

6. Considering the material that the petitioner had taken away the deceased on his vehicle along with other accused persons, I am not inclined to grant bail to the petitioner.

7. Accordingly, this application stands dismissed.

8. The trial of the accused persons shall be expedited. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail.

(Sandeep Kumar, J) P. Kumar U T