Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54288 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- PIPRA District- Supaul ====================================================== Mukesh Kumar Son Of Umesh Yadav, R/O Village- Kataiya Mahe, Ward No.- 05, P.S.- Pipra, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Pipra P.S. Case No. 28 of 2022 (POCSO Case No. 10 of 2022/CIS-14 of 2022) lodged under Sections 326 and 307/34 of the I.P.C. read with Section 27 of the Arms Act and Section 12 of POCSO Act but charge has been framed under Sections 326, 307 and 354D of I.P.C. read with Sections 27, 25(1-b)a, 26/35 of Arms Act and Sections 8/12 of POCSO Act.

As per the prosecution, the specific allegation against the petitioner is that he used to tease the informant and put pressure to come with him. On the alleged date of occurrence,

Patna High Court CR. MISC. No.54288 of 2022(2) dt.21-02-2023 2/2 the petitioner alongwith others were again teasing the informant and putting pressure to come with him but the informant was rigid itself, due to this reason the petitioner has fired on the back of the informant.

In the investigation, the fire arm used in the crime has been recovered on the statement of the petitioner. Learned counsel for the petitioner submits that antecedent of the petitioner is clean and he is in custody since 01.02.2022.

Learned counsel for the State opposes the prayer for bail.

In this view of the matter, I am not inclined to grant bail to the petitioner. Accordingly, the bail petition of the petitioner is hereby rejected.

Trial Court is directed to expedite the trial as early as possible.

(Dr. Anshuman, J.) ravishankar/- U