Rajeev Kumar @Jubli@Jugnu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52552 of 2021 Arising Out of PS. Case No.-543 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== Rajeev Kumar @JUBLI@JUGNU Singh Son Of Ravindra Thakur, Resident Of Village- Repura, P.S.- Tajpur (WAINI O.P.), District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pathak, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-10-2021 Heard.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Kudhani P.S. Case No. 543 of 2018 for the offence punishable under sections 302 of the Indian Penal Code in as much as the prayer of the petitioner for grant of bail has been rejected earlier vide order dated 22.01.2021 passed in Cr. Misc. No. 28889 of 2020.

The informant is stated to have received information on 29.10.2018 from Dhirendra Kumar to the effect that the accused persons including the petitioner herein had arrived at Vaishali hotel, where the deceased and other persons were taking meal, whereupon the petitioner is alleged to have opened fire and the accused persons had kidnapped the brother of the

Patna High Court CR. MISC. No.52552 of 2021(2) dt.27-10-2021 2/2 informant, whereafter on the next day morning, the dead body of the deceased was recovered.

The Ld. counsel for the petitioner has submitted that the petitioner is languishing in custody since 27.06.2019 and there is no progress in the trial.

Per contra, the learned APP for the State, Shri Md. Mushtaque Alam, has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the fact that this Court on the earlier occasion, while rejecting the prayer of the petitioner for grant of bail by an order dated 22.01.2021, had elaborately considered the materials available in the case diary against the petitioner and had come to a conclusion that prima facie complicity of the petitioner is apparent in the alleged crime as also there being no change in circumstance, I do not find any reason to reconsider the prayer of the petitioner for grant of bail, hence, the present petition stands rejected.

(Mohit Kumar Shah, J) Tiwary/- U T