Surendra Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57042 of 2022 Arising Out of PS. Case No.-317 Year-2021 Thana- TARAIYA District- Saran ====================================================== SURENDRA NUT Son of Mahajan Nut Resident of village - Kharati Chainpur, P.S.- Taraiyan, District - Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. As per allegation in the FIR, co-accused Musafir Rawat caught hands of Karan Rawat (deceased) and petitioner has inflicted knife blow repeatedly on his chest due to which, he fell down in pool of blood and doctor declared him dead while he was brought to Taraiya Referal Hospital for treatment. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity. Co-accused Musafir Rawat is father of deceased so it is highly unbelievable that a father can kill his son. Petitioner is languishing in judicial custody since

Patna High Court CR. MISC. No.57042 of 2022(4) dt.17-04-2023 2/2 28.09.2021.

The application for bail is opposed by learned APP for the State and submitted that there is direct allegation against the petitioner of inflicting knife blow on the chest of the deceased repeatedly. During investigation, several witnesses have supported the prosecution story as well as prosecution story is also corroborated by the postmortem report as the doctor opined death caused by stab wound on chest.

Having heard the learned counsel for the parties and considering the nature of allegation as well as there is direct allegation of stabbing knife against the petitioner, 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