Indal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16779 of 2023 Arising Out of PS. Case No.-683 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== INDAL KUMAR S/o Devnandan Mahto Resident of Village-Sumhuti, P.S.- Runnisaidpur, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-07-2023 Heard Mr. Ritesh Kumar Narain Singh, learned counsel for the petitioner and the State.

The petitioner is in judicial custody in connection with Sitamarhi P.S. Case No. 683 of 2021 for the offence registered under Sections 302, 307, 120B and 379/34 of the Indian Penal Code and Section 27 of the Arms Act lodged on 25.08.2021 by the informant, Sheoshankar Mahato. It is alleged that on 24.08.2021 at 11.45 PM, the informant was coming from his Hospital situated at Shankar Chowk to his Clinic Rajopatti with his driver Prabhash and two staffs namely, Baby and Suresh, counter staff Bubly Kumari along with his wife Sabnam Ara at his Clinic situated in Rajopatti at 12:00 hours in the night. When the informant along with others reached behind his Clinic near parking, he saw four

Patna High Court CR. MISC. No.16779 of 2023(3) dt.05-07-2023 2/3 persons who all of a sudden started firing upon them. The informant sustained bullet injury on chest, hand and knee while counter staff Bubly Kumari was hit by bullets and died on the spot. Further allegation is of snatching of his licensed revolver. The informant further alleged that his first wife, Seema Sinha and nephew namely Santosh Kumar and Sandeep Kumar as also her boyfriend have jointly committed the crime. Earlier a report was called for on 15.03.2023 which was received on 28.04.2023 and as per the same has been committed to the Court of learned ACJM-1st, Sitamarhi. This Court fails to understand that when the report was received on 28.04.2023, why the same was sent to the Bench on 04.07.2023.

Office to report the reason for sending the file after two months.

The allegation against the petitioner is of being part of a group that accepts money for killing the people. Considering the aforesaid facts, for the present, this Court is not inclined to extend him the privilege of bail which is accordingly rejected.

However, since the petitioner is in custody since 15.12.2021 (as stated in paragraph 12 of the petition), the Trial

Patna High Court CR. MISC. No.16779 of 2023(3) dt.05-07-2023 3/3 Court is directed to expedite the trial and conclude the same preferably within a period of six months.

(Rajiv Roy, J) Jagdish/kiran/- U T