Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41791 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Ravi Kumar S/O Mahendra Sharma R/O Village- New Colony, Balughat, Nala Road, Ward No. 18, Ps. Town, Dist. Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Muzaffarpur Town P.S. Case No. 135 of 2023 instituted for the offence under Section 302 of the Indian Penal Code. Allegation against the petitioner is that he stabbed the informant's son on his neck due to which he sustained injury and later on he died in the hospital.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. It is further submitted from para-18 of this petition that the deceased had matrimonial dispute with his wife and he was a drug addict and on the date of occurrence, he injured his wife, in the meantime, petitioner came to pacify the matter but during the

Patna High Court CR. MISC. No.41791 of 2023(3) dt.11-09-2023 2/2 course of altercation, the unfortunate occurrence took place by deceased himself to his high temptation. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.02.2023.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that there is specific allegation against the petitioner of stabbing on the neck of the informant's son due to which he sustained injury and later on succumbed to injury. During investigation, witnesses supported the prosecution case vide para-26 and 27 of the case diary and also postmortem report corroborated with the prosecution version.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same as soon as possible.

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