Patna High CourtCR. MISC./63696/2022bail rejected

Sujal Kumar Patel @ Khatta v. The State Of Bihar

2023-02-24Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63696 of 2022 Arising Out of PS. Case No.-562 Year-2021 Thana- MALSALAMI District- Patna ====================================================== Sujal Kumar Patel @ Khatta Son of Late Naresh Prasad Singh R/o Village - Bhathipar, Rashtravadi Chauraha, P.S.- Malsalami, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Sessions Trial No. 311 of 2022 arising out of Malsalami P.S. Case No. 562 of 2021 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

As per the prosecution, the informant's brother was stabbed to death by this petitioner and co-accused over previous enmity.

The main submissions advanced by learned counsel for the petitioner are that there is no eyewitness of the alleged murder and petitioner was made accused mainly on the basis of suspicion and during the investigation all the witnesses examined did not claim to have seen the alleged occurrence and they are hearsay witnesses.

Patna High Court CR. MISC. No.63696 of 2022(2) dt.24-02-2023 2/2 Learned APP for the State has opposed the bail prayer and submitted that from the possession of this petitioner knife and a shirt having blood stain were recovered and there is direct and serious allegation against the petitioner. Having considered the seriousness of the allegation appearing against the petitioner from the FIR and allegedly this petitioner and co-accused inflicted knife blow to the informant's brother which resulted in death of the victim, in my view, it is not a fit case for bail to the petitioner. Accordingly, his bail prayer stands rejected.

(Shailendra Singh, J) Shahnawaz/- U T