Kirtan Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59308 of 2024 Arising Out of PS. Case No.-193 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Kirtan Pathak son of Parshuram Pathak Village- Ijari Sriram, P.S. Buxar Muffasil, Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Advocate Mr. Bipin Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP For the Informant :
Ms. Dimpal Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.
2. The petitioner seeks bail in connection with Buxar (Muffasil) P.S. Case No. 193 of 2023, instituted for the offences punishable under Sections 302, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that, the informant along with his nephews was going to police station to lodge a complaint, in the meantime, the accused persons surrounded them and fired due to which, his nephew received injury and later succumbed to the injury.
Patna High Court CR. MISC. No.59308 of 2024(7) dt.14-02-2025 2/3
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. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not present at the place of occurrence. There is subsisting land dispute between the parties. There is case and counter case between the parties. The petitioner is in custody since 02.02.2024 and has got six criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 03.04.2024 passed in Cr. Misc. No. 76359 of 2023.
5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that specific allegation of firing upon nephew of the informant is against the petitioner. Postmortem report of the deceased corroborates with the allegation made in the FIR. Hence, the petitioner does not deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence,
Patna High Court CR. MISC. No.59308 of 2024(7) dt.14-02-2025 3/3 this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected at this stage. The trial Court is directed to expedite the Trial expeditiously. (Rudra Prakash Mishra, J) Rajorshi/- U T