Raghunath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71110 of 2023 Arising Out of PS. Case No.-422 Year-2022 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Raghunath Singh Son Of Shankar Singh Village Bakma P.S Bhadour At Present Resident Of Baba Akma Ps Bahadurpur, Dist- Patna. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Ms.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of killing the husband of the informant under conspiracy.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that petitioner is not named in the FIR. There is no consistent evidence has come against the

Patna High Court CR. MISC. No.71110 of 2023(3) dt.29-01-2024 2/3 petitioner, except confessional statement of co-accused Abhishek Kumar, which has got no evidentiary value in the eyes of law. Petitioner is languishing in judicial custody since 02.11.2022.

5. Learned APP for the State and learned counsel for the informant have opposed the application for bail and submitted that the confessional statement of the petitioner has been recorded in which he confessed his guilt that he along with others committed murder of the informant's husband by firing, which is come in vide para-80 of the case diary. They further submitted that at the instance of the petitioner, some incriminating weapon and other articles have been recovered, which is come in vide paras- 85 and 86 of the case diary. As per postmortem report, the doctor opined that the death was caused by firearm injury, which corroborates the prosecution case. They further submitted that the petitioner has been made accused in nine more cases. During investigation several witnesses have also supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.71110 of 2023(3) dt.29-01-2024 3/3

7. The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) Arish/- U T