Patna High CourtCR. MISC./68835/2022rejected

Bitesh Kumar @ Chhangur @ Bhola v. The State Of Bihar

2023-04-25Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68835 of 2022 Arising Out of PS. Case No.-711 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== BITESH KUMAR @ CHHANGUR @ BHOLA Son of Birendra Yadav Resident of Village- Karman Tola, P.S.- Ara Nawada, District- Bhojpur, Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Nath Pandey, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 09.10.2021, in connection with Ara Town (Nagar) P.S. Case No. 711/2021, F.I.R. dated 07.10.2021, for the offences punishable under Sections 394 and 302 of the Indian Penal Code. According to prosecution case, the petitioner is alleged to have killed the brother of the informant by inflicting knife blow upon the brother of the informant, resulting into his death. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated. As per allegation, there is direct allegation against the petitioner that he

Patna High Court CR. MISC. No.68835 of 2022(4) dt.25-04-2023 2/2 has assaulted with knife to the deceased.

Learned Additional Public Prosecutor for the State on the other hand on the basis of material available on record and the case diary has vehemently opposed the prayer for bail of the petitioner and submits that the on the confessional statement of the petitioner, lead to recovery of knife which was used in the crime in question.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Ara Town (Nagar) P.S. Case No. 711/2021, pending in the court of learned C.J.M., Bhojpur at Ara.

Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T