Sumit Kumar @ Raj Tilak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32453 of 2022 Arising Out of PS. Case No.-428 Year-2019 Thana- PIPRA District- East Champaran ====================================================== SUMIT KUMAR @ RAJ TILAK S/o Ashok Singh @ Ashok Kumar Singh Resident of Village- Tajiyapur, P.S.- Pipra, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. According to prosecution case, three cartridges were found near the dead body and the dead body was not identified. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He

Patna High Court CR. MISC. No.32453 of 2022(7) dt.20-03-2023 2/3 further submits that the petitioner is not named in the F.I.R. The name of the petitioner has been transpired during investigation on the basis of self confessional statement of the petitioner and the petitioner was remanded in the present case from Pipra P.S. Case No.275 of 2020.

Vide order dated 04.02.2023, a report was called for with regard to the stage of the trial. Report dated 10.02.2023 reveals that the charge has been framed against the petitioner on 21.01.2023.

The learned Additional Public Prosecutor for the State on the other hand vehemently opposed the prayer for bail of the petitioner on the basis of the material available on the record and the case diary and submits that the petitioner carries 22 criminal antecedents other than the present one and it has come during investigation that the petitioner has actively participated in the crime in question.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with S. Tr. No.199 of 2022, arising out of Pipra P.S. Case No.428 of 2019, pending in the court of learned Additional Sessions Judge-13th, East Champaran at Motihari.

Prayer is refused.

Patna High Court CR. MISC. No.32453 of 2022(7) dt.20-03-2023 3/3 However, the learned Trial Court is directed to expedite the trial and conclude at the earliest. (Rajesh Kumar Verma, J) amit/- U T