Himalay Kumar @ Himalay Sagar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43016 of 2024 Arising Out of PS. Case No.-3 Year-2022 Thana- SHAMBHUGANJ District- Banka ====================================================== Himalay Kumar @ Himalay Sagar S/o Nandu @ Nandlal Mandal R/o vill - Kathara, P.S. - Sultanganj, Distt. - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kr. Pandey, Advocate For the State :
Mrs. Asha Kumari, APP For the Informant/s :
Mr. Rajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-12-2024 Heard Mr. Dhananjay Kumar Pandey, learned counsel for the petitioner, Mr. Rajesh Kumar, learned counsel for the informant and Mrs. Asha Kumari, learned APP for the State.
2. Petitioner seeks regular bail in connection with Shambhuganj P.S. Case No. 03 of 2022, dated 08.01.2022 registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution story, the informant's mother was an A.N.M. in hospital and she went to hospital on 08.01.2022 for duty but the informant got the information that her mother was shot dead under Kalima Pool near English
Patna High Court CR. MISC. No.43016 of 2024(7) dt.06-12-2024 2/3 More. The informant raised suspicion upon the petitioner that he committed murder of her mother by hatching conspiracy in connivance with others.
4. The main submissions advanced by learned counsel for the petitioner are that there is no direct evidence against this petitioner, the informant simply raised suspicion against him, there is a land dispute between both the parties due to this reason, petitioner has been falsely roped in this case and he has been languishing in jail since 12.02.2024.
5. Learned counsel for the informant and learned APP for the State have opposed the prayer for bail of the petitioner and submit that the bail prayer of co-accused Pawan Kumar carrying the similar nature of allegation, has already been rejected by this Court.
6. Heard both the sides and perused the order impugned, F.I.R. and case diary. The petitioner is named in the F.I.R. though the informant is not said to be an eye witness of the alleged occurrence but the murder of the informant's mother is alleged to have been committed in furtherance of a conspiracy hatched by this petitioner and the co-accused persons and according to the informant, this petitioner and co-accused Pawan Kumar earlier attempted to kill the same victim in the
Patna High Court CR. MISC. No.43016 of 2024(7) dt.06-12-2024 3/3 year 2021 regarding which an F.I.R. was registered at Bath police station. As per the inquest report, the victim sustained gun shot injury which was opined to be the main cause of her death and further as per the informant's counsel, the trial of the petitioner has started and out of six chargesheet witnesses, three witnesses have been examined till date. Considering all these facts as well as seriousness of the occurrence, this Court is not inclined to release the petitioner on bail at this stage.
7. Accordingly, the petition stands rejected. (Shailendra Singh, J) Amandeep/- U T