Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24753 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- OBRA District- Aurangabad ====================================================== Amit Kumar Son Of Late Satyendra Singh @ Satyendra Yadav Resident Of Village - Chechadi, P.S. - Obra, Distt. - Aurangabad Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code and sections 25(1-b), 26, 27 and 35 of the Arms Act.

As per prosecution case, the allegation against the petitioner is that due to family dispute he committed murder of the informant's husband by means of opened fire and deceased is also father of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case and he has got no criminal antecedent. It is further submitted that the

Patna High Court CR. MISC. No.24753 of 2023(3) dt.24-07-2023 2/3 petitioner is languishing in judicial custody since 02.02.2023.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is direct allegation of opened fire levelled against the petitioner due to which informant's husband sustained gunshot injury and died. As per Postmortem Report, doctor opined cause of death is haemorrhage and cardiovascular shock caused by bullet injury. During investigation several witnesses also supported the prosecution version.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of opening fire upon the chest of the deceased, resulting into his death, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkumar/- U T

Patna High Court CR. MISC. No.24753 of 2023(3) dt.24-07-2023 3/3