Patna High CourtCR. MISC./17782/2025bail rejected

Bharat Kumar v. The State Of Bihar

2025-05-15Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17782 of 2025 Arising Out of PS. Case No.-731 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Bharat Kumar Son of Asharfi Rai @ Asharfi Ray Resident of Village - Gangaram Tola, P.S.- Lalganj, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Adv For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nagar P.S. Case No. 731 of 2023 dated 15.09.2023, registered for the offences punishable u/ss 302/34 of the Indian Penal Code.

3. As per the prosecution case, three unknown miscreants boarded on a motorcycle came to the shop of the informant's brother who was selling fish. One of the miscreants purchased one kg. fish and fired three rounds which hit the head, back and chest of the informant's brother who fell down and succumbed to the injuries.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.17782 of 2025(2) dt.15-05-2025 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. and his name has surfaced in this case during the course of investigation. No T.I.P. parade has conducted by the prosecution. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.10.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. As per para 28 of the case diary, the tower location of the petitioner was found at the place of occurrence. The bail application of the petitioner was earlier rejected by this court vide order dated 21.06.2024 passed in Cr. Misc. No. 8108/2024.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner abovenamed on bail.

7. The application stands rejected.

(Chandra Prakash Singh, J) Gautam/- U T