Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26875 of 2020 Arising Out of PS. Case No.-560 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Vikash Kumar , aged about 33 years, (Male), Son of Ashok Singh, Resident of Village - Machha Ulao, Police Station- Muffasil, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishor For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2020 Heard Mr. Kaushal Kishore, learned counsel for the petitioner and Mr. Humayou Ahmad Khan, learned counsel for the State through video conferencing.

Petitioner seeks regular bail in connection with Begusarai Muffasil (Singhaul O.P.) P.S. Case No. 560 of 2019 registered under Section 302 of the I.P.C. and Section 27 of the Arms Act.

The allegation as per the First Information Report is that on 27.10.2019 at about 10.00 P.M. the petitioner entered into the house of the informant and killed his father, mother and sister by means of pistol.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.26875 of 2020(4) dt.21-12-2020 2/2 and has falsely been implicated in this case due to land dispute. Learned counsel further submits that both the parties are close relatives and there was a previous land dispute between them. On the other hand, learned counsel for the State submits that there is direct allegation against the petitioner that he killed his brother, sister-in-law and niece simultaneously and the petitioner has got criminal antecedent also. Learned counsel further submits that it is a case of triple murder and petitioner does not deserve the privilege of bail at this stage. Having regard to the submissions and taking into consideration the materials available on record and the fact that there is direct allegation against the petitioner, I am not inclined to grant regular bail to the petitioner.

Accordingly, the same is rejected.

However, the petitioner may renew his prayer for regular bail after one year from today if the trial does not record any progress.

(Anil Kumar Sinha, J) praful/- U T