Mukha Rai @ Mukha Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66195 of 2021 Arising Out of PS. Case No.-1000 Year-2019 Thana- BIHTA District- Patna ====================================================== MUKHA RAI @ MUKHA KUMAR SON OF BALMIKI RAI RESIDENT OF SUBHAV TOLA @ SUBHAW TOLA, P.S- BIHATA, (NEORA O.P), DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Nandan Kumar, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-12-2021 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case registered under section 302 and other sections of the Indian Penal Code.

As per the prosecution case, the petitioner is stated to have stabbed the son of the informant who died on way to the hospital.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 4.3.2021 (Annexure-1) passed in Cr. Misc. no. 32836 of 2020. Learned counsel for the petitioner made detailed submissions on the merits of the case including the lacuna in the postmortem report. It is submitted that there was no eye

Patna High Court CR. MISC. No.66195 of 2021(3) dt.08-12-2021 2/2 witnesses to the occurrence and it may have been the informant himself who committed the crime. The petitioner has remained in custody since 7.11.2019.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner which is confirmed from the contents of the postmortem report, the Court is not inclined to enlarge the petitioner on bail the application is rejected. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Bibhash/- U