Robin Kumar @ Rabin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63947 of 2024 Arising Out of PS. Case No.-171 Year-2024 Thana- PURNEA SADAR District- Purnia ====================================================== 1.
Robin Kumar @ Rabin Kumar Son of Bauku Sah @ Baiku Sah Resident of village - Tamanganj, P.S. - Kasba, District - Purnea 2.
Robin Sah @ Rabin Sah Son of Baiju Sah Resident of village - Tamanganj, P.S. - Kasba, District - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar, Advocate For the Opposite Party/s :
Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-11-2024 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary.
2. The petitioners seeks bail in Sadar P.S. case No. 171 of 2024 instituted for the offences under Sections 302 and 34 of the Indian Penal Code.
3. Prosecution allegation, in short, is that son of the informant left the house to cook food in a marriage ceremony and early morning son of the informant called him on mobile and informed that he was beaten by the petitioners and next morning his dead body was lying near railway track.
4. Learned counsel for the petitioners submits that the petitioners are innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.63947 of 2024(3) dt.18-11-2024 2/2 present case. There is no eye witness to the alleged occurrence. The petitioners are named in the F.I.R. No C.D.R. report is available on record. Learned counsel for the petitioners further submits that the petitioners are in custody since 08.03.2024 and have no criminal antecedent. Charge-sheet has been submitted in this case.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. Learned APP submits that the post-mortem report corroborates with the allegation made in the F.I.R. that the deceased was having stabbed injury. The injury report also supports with the allegation made in the F.I.R. and considering the same, the petitioners do not deserve bail.
6. Considering the aforesaid facts and circumstances of the case, nature of accusation and gravity of the offence, this Court is not inclined to grant bail to the petitioners.
7. The prayer is rejected at this stage.
(Rudra Prakash Mishra, J) Pankaj/- U T