Bambam Kumar @ Bamri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14878 of 2023 Arising Out of PS. Case No.-64 Year-2021 Thana- TIKAPATTI District- Purnia ====================================================== BAMBAM KUMAR @ BAMRI Son of Karu Mandal Resident of Village - Sapaha, P.S.- Tikapatti, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Section 302, 201 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, son of the informant objected the petitioner to keep the fire-wood in front of his house for which he threatened him. On 14.08.2021, son of the informant (deceased) had gone in a immersion procession of idol and did not return to his house. Informant started a search then she came to know that petitioner had shot dead to his son Gauri Kumar. His dead body was found in a ditch and blood was oozing from his chest and abdomen.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.14878 of 2023(3) dt.05-07-2023 2/2 that petitioner has been falsely implicated in this case due to previous enmity. Informant is not the eye witness of the occurrence. Petitioner has got no criminal antecedent and languishing in judicial custody since 18.09.2021 .

The application for bail is opposed by learned APP for the State submitted that there is direct allegation of firing against the petitioner in the FIR as a result of which deceased Gauri Kumar succumbed to injuries. Postmortem report also shows cause of death due to fire arm injuries. During investigation, several witnesses have supported the prosecution story. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U