Amar Kumar @ Amma @ Om Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34134 of 2025 Arising Out of PS. Case No.-28 Year-2020 Thana- SAMASTIPUR District- Samastipur ====================================================== Amar Kumar @ Amma @ Om Kumar Son of Sito Paswan @ Sita Ram Paswan Resident of Mohalla- Pethiyagachhi, Bandh Kinare, P.S.- Samastipur (T), District- Samsatipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 17-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with S.T. No. 416 of 2022 (arising out of Samastipur (Town) P.S. Case No. 28 of 2020) registered for the offences punishable under Sections 341, 323, 324, 307, 504/34, 302 of the Indian Penal Code.

3. As per prosecution case, there is accusation against the petitioner to have stabbed the informant's son as a result of which informant's son was badly injured.

4. Learned counsel for the petitioner submits that on earlier two occasions prayer for bail of the present petitioner has already been rejected i.e. on 19.10.2022 and 03.11.2023 on merit. Petitioner is in custody since 23.07.2021 and bears no criminal antecedent. He further submits that the petitioner is quite innocent

Patna High Court CR. MISC. No.34134 of 2025(7) dt.17-10-2025 2/2 and has falsely been implicated in the present case. Learned counsel for the petitioner submits that delay of trial is not in any way attributable to the petitioner as he is in custody since 23.07.2021. Learned counsel orally submits that only one prosecution witness is yet to be examined.

5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner submitting that there is specific allegation of stabbing the informant's son against the petitioner and during treatment, informant's son died and the same is corroborated by the postmortem report. He further submits that on earlier two occasions prayer for bail of the present petitioner has already been rejected in Cr. Misc. Nos.71233 of 2021 and 42747 of 2023.

7. Considering the facts and circumstances of the case, on earlier two occasions bail prayer of the petitioner has already been rejected and the material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

8. However, the learned trial court is directed to expedite the trial and conclude the same as early as possible. (Alok Kumar Pandey, J) mcverma/- U T