Vimal Kumar @ Dimpal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53830 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- NARHATT District- Nawada ====================================================== Vimal Kumar @ Dimpal S/O Naresh Singh R/O Katdhara, P.S- Narhat (Sitamarhi), Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Madan Prasad Singh No.2, Advocate For the State :

Mr. Arvind Kumar Pandey, APP For the Informant :

Mr. Ram Prawesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State, as well as learned counsel for the informant and perused the case diary.

2.

The petitioner seeks bail in connection with narhat (Sitamarhi) PS Case No. 44 of 2023, instituted for the offences under Sections 302 & 34 of the Indian Penal Code. 3.

As per the prosecution case, petitioner has fired upon the father of the informant, due to which he died. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner is in custody since 08-02-2023 and has no criminal antecedent. It is submitted that informant is not the

Patna High Court CR. MISC. No.53830 of 2023(5) dt.15-03-2024 2/2 eye-witness.

5.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submits that there is specific allegation against the petitioner of firing upon the father of the informant due to which he died. It is submitted that charge has already been framed in this case by the trial Court and trial is in process.

6.

Considering the nature of accusation against the petitioner and the gravity of the offence, I am not inclined to grant bail to the petitioner. The prayer is rejected. The Trial Court is directed to expedite the trial.

(Rudra Prakash Mishra, J) Raj Kishore/- U T