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Patna High CourtCR. MISC./15061/2023rejected

Vikash Kumar @ Vikash Yadav @ Phool Kumar @ Ful Kumar v. The State Of Bihar

2023-07-25Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15061 of 2023 Arising Out of PS. Case No.-337 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== Vikash Kumar @ Vikash Yadav @ Phool Kumar @ Ful Kumar S/O Lalan Yadav Resident Of Village- Nalaband Toli Daudnagar, P.S.- Daudnagar District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including the petitioner is that they committed murder of the informant's son by means of knife blow. It is further alleged that the when the informant reached at the place of occurrence, the deceased stated the petitioner and co-accused persons have inflicted him by knife blow.

Patna High Court CR. MISC. No.15061 of 2023(4) dt.25-07-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The informant is not an eye witness of the alleged occurrence and the petitioner has falsely been implicated in this case merely on the basis of suspicion. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 21.06.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner along with his three associates committed murder of the deceased by inflicting knife blows. The deceased himself, in injured condition has, apprised his father that the petitioner was amongst the person, who assaulted him by means of knife.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of stabbing to the informant's son, resulting his death, 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 the trial and

Patna High Court CR. MISC. No.15061 of 2023(4) dt.25-07-2023 3/3 conclude the same within four months, failing which the petitioner will be at liberty to renew his prayer for bail. (Sunil Kumar Panwar, J) Manishkumar/- U T