Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62771 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- KAJRA District- Lakhisarai ====================================================== Suraj Kumar S/O Nandkishor Ram Resident of Village- Manjhiyama, P.S.- Kajra, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indu Bhushan, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-02-2023 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 Kajra P.S. Case No. 85 of 2022 lodged under Sections 302/34 of the I.P.C. read with Section 27 of the Arms Act. As per the prosecution case, the informant has alleged that at 8:15 PM in the night of 10.07.2022, he was returning with his son from temple. In the meantime, the petitioner has fired on his son due to which he died on spot. With this allegation, the F.I.R. has been lodged.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that there is no eye witness except the present informant in this

Patna High Court CR. MISC. No.62771 of 2022(2) dt.25-02-2023 2/2 case because no villagers come forward to support the case of the informant. He further submits that the statement of petitioner has subsequently vary.

Counsel submits that he is in custody since 11.07.2022 having clean antecedent. Counsel further submits that the deceased was veteran criminal and he has enmity with so many persons. There may be a chance that he was killed by anyone of his unknown enemy.

Learned counsel for the State opposes the prayer for bail and submits that the informant itself is the eye witness who has narrated the manner and place of occurrence in the F.I.R. itself.

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, the bail application of the petitioner is hereby rejected.

The Trial Court is directed to expedite the trial and conclude within 9 months.

With this observation, the bail application stands rejected.

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