Patna High CourtCR. MISC./69417/2024dismissed

Mithilesh Kumar v. The State Of Bihar

2024-10-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69417 of 2024 Arising Out of PS. Case No.-141 Year-2023 Thana- DEEPNAGAR District- Nalanda ====================================================== Mithilesh Kumar S/o- Late Nathun Yadav Village- Mehnaur PS- Deep Nagar District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-10-2024 Heard the learned counsel for the parties.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 12.03.2024 passed in Cr. Misc. No. 14992 of 2024.

3. The petitioner who is in jail since 22.03.2023, seeks regular bail in a case registered for the offence under Sections 302 of the Indian Penal Code and Section 27 of the Arms Act.

4. The following order was passed on 12.03.2024 in Cr. Misc. No. 14992 of 2024:- Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Deepnagar P.S. Case No. 141 of 2023 registered for the offence under Section 302 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, unknown criminals are said to have called and killed the

Patna High Court CR. MISC. No.69417 of 2024(2) dt.05-10-2024 2/2 deceased and the weapon used in the murder of the deceased was recovered on the statement of the petitioner.

4. Considering the serious allegation of murder, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this application is dismissed.

6. The Court below is directed to expedite the trial of the petitioner and conclude the same at the earliest.

5. The petitioner is the brother of the deceased who is accused of participating in the conspiracy of killing the deceased. Out of seven witnesses, two witnesses have already been examined.

6. No ground for review is made out.

7. Accordingly, this application for regular bail is hereby rejected again.

8. The court below is directed to expedite the trial of the petitioner.

(Sandeep Kumar, J) Shishir/- U T