Amresh Singh @ Muda Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59604 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Amresh Singh @ Muda Singh S/O Ramashray Singh Resident Of VillageDularpur Naya Nagar P.S.- Teghra, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mrs.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Teghra P.S. Case No. 94 of 2022 instituted for the offence under Sections 364, 120b, 302 and 34 of the Indian Penal Code. Prosecution case in short, is that, the sons of the informant, namely, Nikesh Rai and Chhotu Rai had gone for cutting wheat crop. After that, informant got information that his two sons have been kidnapped by 8-10 accused persons including this petitioner. It is further alleged that informant's son, namely, Chhotu Rai somehow returned from their clutch but the other one, namely, Nikesh Rai did not return. It is also alleged that the informant raised suspicion that his one son might be killed. Later on, during investigation, the skeleton of

Patna High Court CR. MISC. No.59604 of 2022(8) dt.02-08-2023 2/3 the informant's son has been found and the same has been identified by the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case due to land dispute. It is further submitted that there is no eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.06.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the brother of the deceased has taken the name of this petitioner along with other as culprits which is mentioned in para-17 of the case diary. It is further submitted that he stated about the complicity of the petitioner in the commission of murder of his brother in his statement recorded under Section 164 of the Cr.P.C. and witness also supported the prosecution case. Further, the bail petition of the other co-accused upon whom, the similar allegation has been made, was already rejected by this Court vide order dated 14.02.2023 in Cr. Misc. No. 51682 of 2022.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to

Patna High Court CR. MISC. No.59604 of 2022(8) dt.02-08-2023 3/3 enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Shubham/- U T