Patna High CourtCR. MISC./79064/2024bail rejected

Amrendra Kumar Singh v. The State Of Bihar

2024-11-13Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79064 of 2024 Arising Out of PS. Case No.-391 Year-2023 Thana- TARAIYA District- Saran ====================================================== Amrendra Kumar singh S/O Bijeshwar singh Resident of Village- Bikrampur, P.S- Madhaura, District- saran, State- Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajeet Singh, Adv For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Taraiya P.S Case No. 391/2023 dated 05.12.2023 registered for the offence punishable u/s 302 and 201 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, on 03.12.2023 the informant's husband went to Vikrampur village to attend marriage of his cousin maternal uncle. On 04.12.2023, a news spread that a dead body was lying near culvert of Sariya Ratanagar Village. When the informant went to the place, she found that it was her husband's dead body and there were cut signs on his neck by sharp cut weapon. Further, the informant

Patna High Court CR. MISC. No.79064 of 2024(2) dt.13-11-2024 2/3 has alleged that deceased's maternal cousin Amendra Kumar (the petitioner) was working with him at Surat and they had an altercation due to which the petitioner along with his wife and son has killed the informant's husband under conspiracy.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on mere suspicion. Learned counsel has submitted that except the self confessional statement of the petitioner there is nothing against the petitioner. There is no eye witness of the alleged occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. As per paragraph 17 of the C.D., tower location of the petitioner was at the place of occurrence and the petitioner confessed his involvement in the case. It is further submitted that blood stained clothes, deceased purse were recovered at the instance of the petitioner. Earlier, the prayer for bail of the petitioner has already been rejected by this Court vide order dated 01.05.2024 passed in Cr. Misc. No. 31327 of 2024.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.79064 of 2024(2) dt.13-11-2024 3/3 of the case as well as finding no merit in the contention of learned counsel for the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Taraiya P.S Case No. 391/2023 pending in the court of learned 4th Additional Sessions Judge, Saran.

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

8. This application stands rejected.

(Chandra Prakash Singh, J) Jyoti/- U T