Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54314 of 2022 Arising Out of PS. Case No.-90 Year-2022 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== MITHLESH KUMAR S/o Mangal Prasad Nut Resident of Village- Salathua, P.S.- Kudara, District- Kaimur (Bhabua) Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Kudra P.S. Case no. 90 of 2022 instituted for the offence under Sections 302, 201/34 of the Indian Penal Code. As per allegation in the FIR, on 13.4.2022 informant's son went out from his house for walking and when he did not return, a search was made. On 15.4.2022, informant found that the dead body of his son was lying in north side of village Slathuwa.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity. Lastly the deceased was seen with the petitioner, save and except this fact, no consistent material has

Patna High Court CR. MISC. No.54314 of 2022(4) dt.19-04-2023 2/2 come against the petitioner to show his involvement in the present case. Petitioner is languishing in judicial custody since 09.05.2022.

The application for bail is opposed by learned APP for the State and submitted that on the alleged date of occurrence, conversation was made through mobile between the deceased and petitioner, which is apparent from para 52 of the case diary. Petitioner has confessed his guilt in this offence and at his instance, hasiya, which is used in the alleged crime, and the alleged mobile was recovered. As per postmortem report, cause of death is by sharp cut weapon. During investigation, several witnesses have also supported he prosecution case. Having heard the learned counsel for the parties and considering the heinous nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U