Abhishek Kumar @ Abhishek Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20791 of 2020 Arising Out of PS. Case No.-97 Year-2019 Thana- OBRA District- Aurangabad ====================================================== ABHISHEK KUMAR @ ABHISHEK GIRI Son of Santosh Giri Resident of Village - Rampur, Police Station - Obra in the district of Aurangabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is said to have inflicted gun shot injury to the Sonu Kumar, who is son of the informant, as a result of which he died during course of treatment.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the informant who claims to be eye witness was not present at the place of occurrence but on the basis of hearsay witnesses, he named the petitioner and other in the alleged occurrence. He further submits that the trial of the case is not likely to be concluded in near future. He further submits that the petitioner is rotting in judicial custody since 19.04.2019 i.e. more than three

Patna High Court CR. MISC. No.20791 of 2020(6) dt.05-05-2022 2/2 years. Hence, the petitioner may be enlarged on bail. Learned A.P.P. for the State has, vehemently, opposed the prayer for bail of the petitioner and submits that there is direct allegation of making firing upon the victim against the petitioner due to which the son of the informant died during course of treatment. He further submits that the trial of the case is likely to be concluded very soon as the report received from court below reveals that the charges have been framed in this case and there is substantial progress in the trial of the case as altogether eight charge-sheet witnesses have been examined till date and the case is running for prosecution evidence. Hence, the petitioner may not be enlarged on bail.

Considering the facts and circumstances of the case and the rival submission of the parties and also the gravity of offence of murder, this Court is not inclined to grant the privilege of bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected.

However, learned trial court is directed to expedite the trial.

(Rajesh Kumar Verma, J) brajesh/- U T