Satyajeet Kumar Deepak @ Sujit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29251 of 2016 Arising Out of PS.Case No. -134 Year- 2015 Thana -KHAZANIHAT District- PURNIA ====================================================== Satyajeet Kumar Deepak @ Sujit Singh, Son of Arjun Singh, resident of Village Milki Naya Tola, P.S- K. Hat (Maranga), District- Purnea. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumari Ritambhara, Advocate. For the Opposite Party : Smt. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 29.06.2015 in connection with Sessions Trial No. 17/2016, arising out of K. Hat P.S. Case No. 134/2015 for the offences instituted under Sections 302 and 120(B)/34 of the IPC.

The informant alleged that the co-accused Anish Raj had taken loan from his father and, on demand, Anish Raj had threatened to kill him. On the date of occurrence, this petitioner alongwith two other co-accused persons, namely, Anish Raj and Manish Kumar Sharma @ Samir Raj came and sat alongwith his father. The informant went to purchase vegetables but, on his return, he saw that all the three accused persons were fleeing away from the room of his father and his father was crying. The informant saw the injuries on the body of his father. His father

Patna High Court Cr.Misc. No.29251 of 2016 (4) dt.29-09-2016 2/2 disclosed that on demand of money, this petitioner and other two co-accused persons assaulted him with knife.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.06.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. Altogether four persons are named in the F.I.R. The petitioner has falsely been implicated in the present case. No motive has been alleged against the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. Out of four persons, three persons are alleged to have given 'Chhura' blow on the deceased. The post mortem report indicates five external injuries on the body of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Sessions Trial No. 17/2016, arising out of K. Hat P.S. Case No. 134/2015, pending in the court of the learned A.D.J. 1st, Purnea. The court below is directed to take all necessary steps to expedite the trial.

U.K./- (Sudhir Singh, J) U T