Bhibhishan Kumar Singh @ Vibhishan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38631 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- AAJAM NAGAR District- Katihar ====================================================== PRATAP SINGH Son of Harendra Singh @ Harendra Pratap Singh R/o Village - Kamalbari, P.S.- Azamnagar, District - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 36906 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- AAJAM NAGAR District- Katihar ====================================================== Bhibhishan Kumar Singh @ Vibhishan Kumar Singh Son Of Sogen Singh R/O - Kamlabari, P.S.- Azamnagar (Salmari O.P.), District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38190 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- AAJAM NAGAR District- Katihar ====================================================== MITHILESH SINGH Son of Sudhir Singh @ Sudhir Chandra Singh Resident of village- Jaja, P.S.- Kadwa, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 38631 of 2022) For the Petitioner/s :
Mr.Manindra Kishore Singh For the Opposite Party/s :
Mr.Pramod Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 36906 of 2022) For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.Rabindra Kumar (In CRIMINAL MISCELLANEOUS No. 38190 of 2022) For the Petitioner/s :
Mr.Manindra Kishore Singh For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
Patna High Court CR. MISC. No.38631 of 2022(5) dt.03-01-2023 2/3 ORAL ORDER 03-01-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have prayed for regular bail in connection with Azamnagar P.S. Case No. 26 of 2022 nstituted for the offence under Sections 364(A), 365, 302/120(B) of the Indian Penal Code.
The prosecution story in nutshell is that on 30.1.2022 the informant's son went traceless and after that one intimated him on telephone his son has been murdered. It is further alleged that on the same day on telephone an unknown person demanded Rs. 5 lakh as ransom and threatened, in case of failure to pay the ransom his son will be murdered. It is submitted by learned counsel for the petitioners that petitioners are innocent and have committed no offence. They have been falsely implicated in this present case on the basis of mere suspicion. It is further submitted that the petitioners were not named in FIR and during course of investigation, their name came into light. Petitioner namely, Pratap Singh & Mithilesh Singh are in judicial custody since 03.02.2022 and petitioner Bhibhishan Kumar Singh is in Judicial custody since 4.2.2022.
The application for bail is opposed by learned APP for
Patna High Court CR. MISC. No.38631 of 2022(5) dt.03-01-2023 3/3 the State and learned counsel for the informant and submitted that there is allegation of active participation of the petitioners in the alleged occurrence of death of informant's son. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioners on bail and, as such, their prayer for bail stands rejected.
This application stands disposed off.
The trial Court is directed to expedite the trial and conclude the same within a period of six months. However, if the trial of the petitioners is not concluded within a period of six months, they would be at liberty to renew their prayer for bail.
(Sunil Kumar Panwar, J) amandeep/- U T