Patna High CourtCR. MISC./33666/2021rejected

Satish Kumar v. The State Of Bihar

2022-02-15Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30002 of 2021 Arising Out of PS. Case No.-375 Year-2020 Thana- GRIYAK District- Nalanda ====================================================== SHIVAM KUMAR @ LALU S/o Haro Prasad Residence of VillageRanisarai, P.S.- Giriyak, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33666 of 2021 Arising Out of PS. Case No.-375 Year-2020 Thana- GRIYAK District- Nalanda ====================================================== SATISH KUMAR S/O SHARAVAN PRASAD RESIDENCE OF VILLAGERANISARAI PS-GIRIYAK, DISTRICT-NALANDA. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 30002 of 2021) For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.Choubey Jawahar (In CRIMINAL MISCELLANEOUS No. 33666 of 2021) For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-02-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Patna High Court CR. MISC. No.30002 of 2021(6) dt.15-02-2022 2/3 Both the petitions have arisen out of Giriyak (Pawapuri) P.S. Case No. 375/ 2020 initially registered for the offence punishable under Section 363 of the IPC and later on Section 302 of the IPC was added.

The prosecution case in short is that on 09.10.2020 the informant's son went outside to play but he could not return to home.

Learned counsel for the petitioners submits that petitioners have clean antecedent and have committed no offence and they have falsely been implicated in the present case. He further submits that petitioners are not named in the FIR and the FIR has been lodged against unknown. He further submits that charge sheet has been submitted by the police. Petitioners are in custody since 14.10.2020.

The learned Additional Public Prosecutor opposed the prayer of bail.

The trial court has sent its report dated 18.01.2022 (Flag-F) which reveals that case is fixed for final arguments on behalf of the defence.

Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioners on bail and accordingly, the same stands rejected.

Patna High Court CR. MISC. No.30002 of 2021(6) dt.15-02-2022 3/3 However, the learned trial court is directed to conclude the trial as early as possible.

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