Mukesh Kumar Singh @ Mukesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48012 of 2024 Arising Out of PS. Case No.-6 Year-2017 Thana- TAJPUR District- Samastipur ====================================================== Mukesh Kumar Singh @ Mukesh Singh S/O Late Shivchandra Singh R/O Village- Madhopur Digharua, P.S- Tajpur, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in corresponding to Sessions Trial No. 247 of 2024, arising out of Tajpur P.S. Case No. 06 of 2017, instituted for the offences punishable under Sections 147, 148, 149, 448, 341, 323, 324, 302, 504 and 506 of the Indian Penal Code.
3. The prosecution case, in short, is that, the petitioner along with others caused multiple injuries by means of knife on the person of Pramod Singh (brother of informant) causing his death.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.48012 of 2024(2) dt.12-07-2024 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. After submission of chargesheet, cognizance has been taken in this case. The petitioner is in custody since 22.02.2024 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP for the State has further submitted that specific allegation of stabbing is against petitioner and two other co-accused resulting into death of informant's brother. Hence, the petitioner does not deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances of the case, nature of allegation and gravity of the offence, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial expeditiously preferably within a period of one year from the date of receipt/production of a copy of this order.
8. If the trial is not concluded within the aforesaid period of one year, the petitioner will be at liberty to renew his
Patna High Court CR. MISC. No.48012 of 2024(2) dt.12-07-2024 3/3 prayer for bail before the Court below which will be considered on its own merit without being prejudiced by this order. (Rudra Prakash Mishra, J) Rajorshi/- U T