Patna High CourtCR. MISC./61309/2023bail rejected

Sonu Kumar @ Kaltu Kumar @ Kalti v. The State Of Bihar

2024-01-16Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61309 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- BYPASS District- Patna ====================================================== Sonu Kumar @ Kaltu Kumar @ Kalti S/O Ashok Chamar @ Ashok Ravidas R/O Bahri Dhawalpura, P.S- Bypass, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bypass P.S. Case 116/2023, registered for the offence punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the petitioner and other are said to have fired upon the informant's nephew as a result of which the informant's nephew sustained injury and on the way to the N.M.C.H., he died.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 10.04.2023 and bears no criminal antecedent. The petitioner has got no

Patna High Court CR. MISC. No.61309 of 2023(4) dt.16-01-2024 2/2 motive to kill the deceased.

5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner and submits that there is specific allegation of firing against the petitioner which hit the informant's nephew and postmortem report also supports that the death is caused by fire-arm injury.

6. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with postmortem report and material available on record, I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner stands rejected.

7. However, the trial Court is directed to conclude the trial as early as possible.

(Alok Kumar Pandey, J) amitkumar/- U T