Umesh Kumar Sah @ Umesh Kumar @ Umesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3714 of 2023 Arising Out of PS. Case No.-411 Year-2021 Thana- MADHAURAH District- Saran ====================================================== UMESH KUMAR SAH @ UMESH KUMAR @ UMESH SAH S/o Late Shivjee Sah R/v- Rampur, P.S.- Marhourah, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Anuj For the Opposite Party/s :

Mr.Rajeev Nayan, App, 231 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Section 302 of the Indian Penal Code. It is a case of murder by stabbing the knife to the informant's father on his neckdue to which he succumbed to injuries on way to hospital.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The alleged occurrence took place near the shop of Tribhuban who was not examined during investigation. Petitioner has no criminal antecedent and he is languishing in judicial custody since 21.07.2021.

The application for bail is opposed by learned APP for

Patna High Court CR. MISC. No.3714 of 2023(3) dt.28-04-2023 2/2 the State and submitted there is direct allegation of stabbing against the petitioner and postmortem report also corroborates the prosecution case.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

However, if the trial of the petitioner is not concluded within a period of one year, he would be at liberty to renew his prayer for bail.

(Sunil Kumar Panwar, J) sushma/- U