Dilip Kumar @ Dilip Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66305 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Dilip Kumar @ Dilip Chaudhary S/O Late Jinis Chaudhary R/O VillageThumma, Ward No.- 10, P.S- Runni Saidpur, Dist- Sitamrahi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Singh, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Runni Saidpur P.S. Case No. 101 of 2024, G.R. No. 812 of 2024 instituted for the offences under Section 302/34/120B of the Indian Penal Code.
3. Prosecution case, in short, is that four accused persons including the petitioner took away the brother of the informant in Bolero vehicle. Next day, the dead body of the informant's brother was found from a ditch near Durga Mandir.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that there is no eye-witness
Patna High Court CR. MISC. No.66305 of 2024(3) dt.20-11-2024 2/3 to the occurrence. Learned counsel further submitted that petitioner has not committed the offence as alleged in the FIR. Learned counsel further contended that no intention to commit the alleged offence has been assigned. Learned counsel further contended that FIR was registered after the completion of the post-mortem. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.04.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel further submitted that this petitioner has himself confessed the guilt before the police. Learned counsel further submitted that all the witnesses have supported the case of the prosecution and charge-sheet has also been submitted against this petitioner. Learned counsel further submitted that postmortem report also corroborates the prosecution version.
6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence, this Court is not inclined to grant bail to the petitioner.
7. Prayer for grant of bail is rejected.
8. Learned Trial Court is directed to expedite the trial.
9. However, if the trial is not concluded within a
Patna High Court CR. MISC. No.66305 of 2024(3) dt.20-11-2024 3/3 period of six months from today, liberty is granted to the petitioner to renew his prayer for bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T