Mithun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27506 of 2021 Arising Out of PS. Case No.-178 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== MITHUN KUMAR, Son of Ganesh Prasad Singh @ Ganesh Singh Resident of Village - Kalikapur, P.S.- Goradih, District - Bhagalpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Advocate For the Opposite Party/s :
Ms. Asha Devi, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-12-2021 Heard learned counsel for the petitioner and learned A.P.P. appearing for the State through video conferencing.
The petitioner seeks bail in connection with Beldaur P.S. Case No. 178 of 2020, registered under Section 302/34 of Indian Penal Code and Section 27 of the Arms Act, pending in the Court of learned Judicial Magistrate, 1st Class, Khagaria.
Considering the accusation made against the petitioner and the brutal murder of the deceased as well as the statement of the witnesses in several paragraphs of the case diary, which shows that co-accused, namely, Banti Kumar and Mukul Kumar have stated that petitioner was involved in the alleged occurrence. The mobile phone, which has been recovered, and the C.D.R. of the same also confirm the
Patna High Court CR. MISC. No.27506 of 2021(3) dt.10-12-2021 2/2 complicity of the petitioner in the murder of the deceased. It has further come in the case diary that it is a case of contract killing, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the prayer for bail of the petitioner, above named, is rejected.
However, the learned trial Court is directed to expedite complete the trial within a period of one year. The petitioner, if so desires, may renew his prayer for bail after one year, if no substantial progress takes place in the trial. (Purnendu Singh, J) manish/- U T