Patna High CourtCR. MISC./29013/2023dismissed

Sunil Kumar Das @ Sunil Ram v. The State Of Bihar

2023-05-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29013 of 2023 Arising Out of PS. Case No.-627 Year-2022 Thana- RUPASPUR District- Patna ====================================================== SUNIL KUMAR DAS @ SUNIL RAM SON OF DHARAMDEV RAM R/O VILLAGE- KHAGAUL KOTHWAN, P.S.- KHAGAUL, DISTRICT- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Chandra Verma For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rupaspur P.S. Case No. 627 of 2022 registered for the offence under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 14.10.2022 and the petitioner is quite innocent and he has committed no offence. Learned A.P.P. has vehemently opposed the prayer for bail.

The Police Officer from Rupaspur Police Station has assisted the learned APP along with the case record. There is

Patna High Court CR. MISC. No.29013 of 2023(2) dt.25-05-2023 2/2 no dispute that the deceased was tied in a pole and was assaulted by the accused persons including the petitioner and his family members.

The learned counsel for the petitioner submits that the deceased was a thief whereas the prosecution case is that the deceased has gone to demand his outstanding wages and instead of paying the outstanding wages he has been brutally assaulted by tying in electric pole and after brutal assault he was killed. There is direct evidence of the participation of the petitioner in the brutal killing the deceased.

Considering the aforesaid facts, I am not inclined to grant bail to the petitioner.

Accordingly, this application stands rejected. The Court below is directed to expedite the trial of the petitioner.

(Sandeep Kumar, J) Shishir/- U T