Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26879 of 2021 Arising Out of PS. Case No.-82 Year-2019 Thana- NARAINPUR District- Bhojpur ====================================================== VIKASH KUMAR Son of Satendra Singh Resident of Village - Narayanpur, P.S.- Narayanpur, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh, Adv For the Opposite Party/s :
Mr.Mithilesh Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-01-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with S.Tr.No.84 of 2020 arising out of Narayanpur P.S.Case No.82 of 2019 registered for the offence under Sections 341,323,302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case in short is that the informant's son was going to Narayanpur to bring his mother. In the way all of a sudden near an orchard, 3-4 persons surrounded the informant's son and fired pistol in his temporal region, as a result of which, the son of the informant namely Vishal Kumar died. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that there is no eye witness of the
Patna High Court CR. MISC. No.26879 of 2021(4) dt.29-01-2022 2/2 alleged occurrence and the informant is also not the eye witness and the petitioner is in custody since 05.07.2019. Learned A.P.P. for the State, on the basis of the material available on the record as well as case diary, informed that in paragraph-21 of the case diary one independent witnessRaj Kumar Patel has specifically stated that the petitioner fired upon the deceased.
Considering the aforesaid fact, I am not inclined to enlarge the petitioner on bail in connection with S.Tr.No.84 of 2020 arising out of Narayanpur P.S.Case No.82 of 2019 pending in the court of learned C.J.M., Bhojpuir at Ara. Prayer is refused.
However, the learned Trial Court is directed to expedite the trial.
(Rajesh Kumar Verma, J) Nitesh/- U T