Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41296 of 2023 Arising Out of PS. Case No.-312 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Amarjeet Kumar Son Of Naresh Mandal Village Sanjha Ps Rajoun Distt Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Ghosarvey For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201, 120(B) of the Indian Penal Code. The informant is the A.S.I of Police who has stated that during petrolling, he found the dead body of a lady and a minor boy aged about 12 years. He suspected that victims were brutally killed by the accused persons.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.41296 of 2023(3) dt.20-09-2023 2/3 been implicated in this case. The petitioner is not named in the F.I.R and he has been made accused in this case only on the basis of suspicion. There is no eye witness to the occurrence. The petitioner is languishing in custody since 31.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner has confessed his guilt as recorded in para 105 of the case diary. The independent witnesses in para 111, 112 have also supported the case of the prosecution as against the petitioner. The postmortem report of the victim is at para 145 of the case diary which also corroborates the case of the prosecution.

Considering the fact that there is specific accusation against the petitioner, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

Patna High Court CR. MISC. No.41296 of 2023(3) dt.20-09-2023 3/3 The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T