Mahendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23828 of 2022 Arising Out of PS. Case No.-148 Year-2021 Thana- DEHRI TOWN District- Rohtas ====================================================== Mahendra Kumar Son of Late Murari Prajapati Resident of Mohalla - Sappulahganj, P.S. - Sasaram (T), District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Deo Singh, Adv. with Mr. Shankar Kumar, Adv.

For the Opposite Party/s :

Mr. Ajay Kr. No. 2, APP For the Informant/s :

Mr. Sumit Kumar Jha, Adv. with Mr. Riya Giri, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks regular bail in connection with Dehri (M) P.S. Case No. 148 of 2021 lodged under Sections 302, 34 of the I.P.C. read with Section 27 of Arms Act. As per the allegation made in the F.I.R. the informant has disclosed that he got information that his wife was killed in a village near Shambhu Bigha situated near NH-2. He has raised apprehension that one Rajesh Kumar having bad eyes upon his wife and used to disturb her on her mobile and also used to

Patna High Court CR. MISC. No.23828 of 2022(3) dt.15-09-2022 2/3 threaten the informant's family to kill, has committed such things.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. He further submits that there is a direct allegation against the Rajesh Kumar. He submits that name of the petitioner has figured in this case on the basis of suspicion only and only due to the reason that he is friend of Rajesh Kumar. Counsel for the petitioner submits that petitioner is completely innocent and in custody since 28.11.2021, having one criminal antecedent in which he is on bail. He further submits that charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail and submits that the material has come against the present petitioner that he is the main conspirator.

Learned counsel for the informant vehemently opposes the prayer for bail and submits that in the confessional statement, the entire story has been narrated by the main accused Rajesh Kumar as to how they killed the deceased and on their confessional statement, the arms used in the crime has been recovered.

In the present facts and circumstances of this case and the submissions made above, I am hereby not inclined to grant

Patna High Court CR. MISC. No.23828 of 2022(3) dt.15-09-2022 3/3 bail to the petitioner, therefore, the bail petition is hereby rejected.

The trial court is directed to expedite the trial. (Dr. Anshuman, J) sadique/- U T