Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69648 of 2024 Arising Out of PS. Case No.-135 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Ravi Kumar son of Mahendra Sharma Village- Indrapuri colony, Supriya Road, Ps- town (Kali Bag Op), Bettiah, Dist- West Champaran at Present Resident of Mohalla- New Colony, Balughat, Nala Raod, Ward no. 18, Pstown, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 865/2023 arising out of Muzaffarpur Town P.S. Case No. 135 of 2023 dated 21.02.2023 registered for the offences punishable u/s 302 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have stabbed the informant's son on his neck due to which he sustained injury and later on he died in the hospital. It is further alleged that the informant's son asked the petitioner to vacate his rented house on which the petitioner asked the informant's son to

Patna High Court CR. MISC. No.69648 of 2024(5) dt.07-05-2025 2/3 return Rs. 30,000/- which is due on him and thereafter he attacked the informant's son.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted from para 7 of the bail petition that the deceased had matrimonial dispute with his wife and he was a drug addict and on the date of occurrence, he injured his wife, in the meantime, the petitioner came to pacify the matter but during the course of altercation, the unfortunate occurrence took place by the deceased himself to his high temptation. It is further submitted that in cross examination, the P.W. Pinki Devi (wife of the deceased) has clearly stated that her husband has not been murdered by anyone. Learned counsel has further submitted in para 12 of the bail petition, on the request of the prosecution, she has been declared hostile. Learned counsel has further submitted that the charge-sheet u/ss 302 and 307 of the Indian Penal Code has been submitted against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2023.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the regular bail application of the petitioner was earlier rejected by a Coordinate Bench of this court vide order dated 11.09.2023 passed in Cr.

Patna High Court CR. MISC. No.69648 of 2024(5) dt.07-05-2025 3/3 Misc. No. 41791/2023. It is further submitted that there is specific allegation against the petitioner of stabbing on the neck of the informant's son due to which he sustained injury and later on succumbed to injury. During investigation, witnesses supported the prosecution case vide para 26 and 27 of the case diary and also post-mortem report corroborated with the prosecution version.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation is against the petitioner, I am not inclined to enlarge the petitioner above-named on bail.

7. Learned trial court is directed to expedite the trial and conclude the same at the earliest.

8. The application stands rejected.

(Chandra Prakash Singh, J) Gautam/- U