Ganga Kamti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57723 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- SAKATPUR District- Darbhanga ====================================================== Ganga Kamti S/o Kusheshwar Kamti R/o Vill- Ujann Gadhto, P.S.- Sakatpur, Distt- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Adv.

For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sakatpur P.S. Case No. 32 of 2022 lodged under Sections 302 & 324/34 of the I.P.C.

As per the prosecution case, the allegation against the present petitioner alongwith other co-accused is to attack on the deceased by Chhura, due to which he died on spot. Learned counsel for the petitioner submits that antecedent of the petitioner is clean and he is in custody since 13.05.2022. Counsel submits that earlier case diary has been called for and in the case diary at different paragraphs, it has

Patna High Court CR. MISC. No.57723 of 2022(3) dt.24-02-2023 2/2 come that the dagger blow has been made by Dipak Kamti and not by Ganga Kamti.

Learned counsel for the State opposes the prayer for bail and submits that it is true that in the F.I.R., allegation has been made against both persons but at the different places, it has come that Ganga Kamti, the present petitioner has caught the deceased and Dipak Kamti has made Chhura blow, due to which he died on spot. It is made clear that in commission of the crime, his direct involvement is there.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, his bail petition is hereby rejected. The Trial Court is directed to expedite the trial within 9 months.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T