Lal Babu Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39635 of 2022 Arising Out of PS. Case No.-443 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Lal Babu Shah Son of Damodar Shah Resident of Sondihara, P.S.- Bhabhua, District - Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishal Prasad, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-02-2023 Learned counsel for the petitioner is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

Allegation against the petitioner is that he has murdered his wife along with two children be means of spade. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that as per allegation as alleged in the F.I.R. against the petitioner is that he

Patna High Court CR. MISC. No.39635 of 2022(5) dt.15-02-2023 2/2 has murdered his wife and two children. He further submits that there is no eye witness to the alleged occurrence and the petitioner is custody since 25.08.2021.

Learned APP for the State, on the other hand, on the basis of material available on record as well as in the case diary has vehemently opposed the prayer for bail of the petitioner and submits that there is sufficient material has come during investigation against the petitioner.

Considering the facts and circumstance of the case, I am not inclined to enlarge the petitioner on bail in connection with Bhabhua P.S. Case No. 443 of 2021, pending in the Court of learned Additional Sessions Judge-IX, Bhabhua, Kaimur Prayer is refused.

However, the learned Trial court is directed to expedite the trial.

(Rajesh Kumar Verma, J) Ibrar//- U T