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Patna High Court/44762/2022bail rejected

Sujeet Dubey @ Govind Kumar Dubey v. The State Of Bihar

2023-02-01Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44762 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- BIKRAM District- Patna ====================================================== SUJEET DUBEY @ GOVIND KUMAR DUBEY SON OF SUDHIR KUMAR DUBEY R/O VILLAGE- PIRIRIYAWA, P.S.- BIKRAM, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Upadhyay For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-02-2023 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bikram P.S. Case No. 32 of 2022 registered for the offences punishable under Sections 302 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, petitioner shot dead the informant's brother.

Learned counsel for the petitioner submits that petitioner is in custody since 19.01.2022. Petitioner bears one criminal antecedent which is lodged upon the self confessional

Patna High Court CR. MISC. No.44762 of 2022(3) dt.01-02-2023 2/2 statement of petitioner. Learned counsel further submits that petitioner is quite innocent and has committed no offence as alleged in the F.I.R.

The learned A.P.P. for the State and learned counsel for the informant vehemently oppose the prayer for bail of the petitioner and submit that there is specific allegation of firing against the petitioner and same is supported and corroborated by postmortem report.

Considering the facts and circumstances of the case, nature of accusation against the petitioner coupled with postmortem report and materials available on record, I am not inclined to grant bail to the present petitioner. Accordingly, prayer for bail of the present petitioner stands rejected. However, learned trial court is directed to expedite the trial ass early as possible.

(Alok Kumar Pandey, J) amitkr/- U T