Amar Kumar @ Amar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25858 of 2023 Arising Out of PS. Case No.-930 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== AMAR KUMAR @ AMAR Son of Late Uma Shankar Lal R/o MohallaRauja, PS- Ara Town, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP For the Informant :

Mr. Sujit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-08-2023 Heard the parties.

The petitioner is an accused in connection with Ara Town P.S. Case No. 930 of 2022 registered for the offences under sections 364 and 34 of the Indian Penal Code and later section 302 of the Indian Penal Code was added lodged on 03.11.2022 by the informant, Uday Prakash Gupta. As per the prosecution story, the informant alleged that his father had gone to realize rent but failed to return. Upon query, his motorcycle was found at the market itself and further came to know that there was an altercation between the petitioner with the informant's father which according to him,

Patna High Court CR. MISC. No.25858 of 2023(5) dt.22-08-2023 2/3 had earlier also taken place. He thus had strong suspicion that his father has been kidnapped by the accused persons including the petitioner. Accordingly, the FIR.

Subsequently, the police get hold of the dead body near Ranisagar at four lane and during investigation, through the GPS of the car of the petitioner, the same was found to be at the place where the dead body was found. Upon further enquiry, the blood stains were found in the said car, these facts have been brought to the notice of the Court by the learned Counsel for the informant.

Earlier, a case diary was called for by a co-ordinate on 23.05.2023, which has since been received.

Learned APP for the State has gone through the case diary and has echoed the submissions put forward by the learned Counsel for the informant that through the GPS system of the car, it was ascertained that the petitioner was found involved in the occurrence. Further, only after the processes were initiated under section 82 of the Cr.P.C., he chose to surrender. In the aforesaid background, no relief can be granted to the petitioner, the bail application accordingly stands rejected. It has been informed by the learned Counsel for the informant that out of nine witnesses, six have already been

Patna High Court CR. MISC. No.25858 of 2023(5) dt.22-08-2023 3/3 examined, in view of the fact that the trial is moving at a pace, it is expected that the same will be concluded within a period of one year from today.

(Rajiv Roy, J) Neha/- U T