Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5231 of 2021 Arising Out of PS. Case No.-35 Year-2020 Thana- PIPRIYA District- Lakhisarai ====================================================== PREM KUMAR Son of Permeshwari Singh @ Prameshwari Singh Resident of Village - Ramchandrapur, P.S.- Piparia, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Pipriya P.S. Case no. 35 of 2020 registered under section 302 and other sections of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the F.I.R., the petitioner along with other accused persons are stated to have fired on the son of the informant leading to his death.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against six named and three unknown accused persons. The petitioner has been falsely implicated in the case. No specific overt act has been alleged against the petitioner. There is no evidence to the effect as to

Patna High Court CR. MISC. No.5231 of 2021(4) dt.28-06-2021 2/2 whose firing resulted in injury and subsequent death of the deceased. The petitioner is in custody since 6.6.2020 and investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and on going through the materials on record, it transpires that there is direct allegation against the petitioner along with others of having fired on the son of the informant. From the post mortem report, it transpires that there are three wounds of entry and three wounds of exit.

In the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

The learned Trial Court is directed to expedite the trial.

(Partha Sarthy, J) Prakash/- U T