Patna High CourtCR. MISC./15479/2023rejected

Arun Kumar v. The State Of Bihar

2023-08-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15479 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- KASHICHAK District- Nawada ====================================================== ARUN KUMAR Son of Awadhesh Singh Resident of Daula Chak, P.S.- Kashichak, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of firing upon the brother of the informant namely, Tripurari Singh@ Aklu Singh, due to which he succumbed to injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is no eye-witness of the alleged occurrence. Petitioner is languishing in judicial custody since 21.09.2022.

5. Learned APP for the State and learned counsel for the informant have opposed the application for bail and submitted that

Patna High Court CR. MISC. No.15479 of 2023(4) dt.22-08-2023 2/2 there is specific overt act of firing upon the informant's brother is against the petitioner, due to which he succumbed to injury and the Postmortem report also support the allegation as alleged in the FIR. He further submitted that the other co-accused, who have specific allegation in the present case their prayer for bail have already been rejected by a Co-ordinate Bench vide order dated 28.04.2023 passed in Cr. Misc. No. 59443 of 2022 and its analogous case. During investigation several witnesses have also supported the prosecution case.

6. 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.

7. The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) arish/- U T