Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62278 of 2022 Arising Out of PS. Case No.-165 Year-2022 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Rakesh Kumar Son Of Dina Nath Gond R/O Vill.- Merh, P.S.- Chainpur, Distt.- Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Bihari Singh, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2023 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 Chand P.S. Case No. 165 of 2022 lodged under Sections 302, 379, 34 of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged against 4 known accused persons in which name of petitioner is not there.

Learned counsel for the petitioner submits that antecedent of the petitioner is clean and he is in custody since 20.06.2022. Counsel submits that his name has figured in this case by virtue of confessional statement of accused namely, Sarwan Gond.

Patna High Court CR. MISC. No.62278 of 2022(2) dt.22-02-2023 2/2 Counsel further submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the Sessions Judge in his order sheet has gone through the case diary and submits that there is direct allegation against the petitioner according to which the death has been caused due to injuries caused by sharp edged weapon, blood stained kudal was seized nearby and all witnesses have stated that the petitioner has stayed with the deceased on the fateful night.

Learned counsel for the State opposes the prayer for bail.

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 within 9 months from today.

With this observation, the bail application stands rejected.

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