Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41916 of 2017 Arising Out of PS.Case No. -811 Year- 2016 Thana -BIHTA District- PATNA ====================================================== Rajnish Kumar, S/o Sri Umesh Sharma @ Shri Umesh Singh, R/o VillagePaltu Chhatni, P.S.- Naubatpur, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Bihta P.S. Case No. 811 of 2016 for offences punishable under Sections 302 and 34 of the Indian Penal Code and 1860 and 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that while his brother Anjani Kumar @ Mithu had gone to the veterinary medical shop to purchase medicine 6-8 miscreants fired and killed him.

Patna High Court Cr.Misc. No.41916 of 2017 (3) dt.18-10-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and his named surfaced during investigation and on his confessional statement as well as confessional statement of other accused of being inimical terms due to political election. He submits that just because the petitioner has a criminal antecedent the petitioner has been implicated in the aforesaid case, chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner and that the petitioner is languishing in judicial custody since. 26.05.2017.

However, learned APP for the State opposes the prayer for bail stating therein that during investigation the name of the petitioner has surfaced and the petitioner is a veteran criminal and that there are as many as 6 cases against the petitioner all of which are for heinous offence like murder. Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Bihta P.S. Case No.811 of 2016, pending in the court of learned Additional

Patna High Court Cr.Misc. No.41916 of 2017 (3) dt.18-10-2017 3/3 Chief Judicial Magistrate-1, Danapur Patna.

The application is, accordingly, rejected.

(Nilu Agrawal, J) Devendra/- U T