Atul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75977 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- AWTARNAGAR District- Saran ====================================================== ATUL KUMAR SINGH S/O LATE OM SINGH @ OM PRAKASH SINGH R/O PANCHPATIA, P.S- AWTARNAGAR, DISTT.- SARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agarwal Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem For the Informant Mr. Y.C. Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code. As per FIR, The allegation against the petitioner that he in connivance with others committed murder of the informant's son by means of knife blow.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. The informant is not an eye witness of the alleged occurrence.

Patna High Court CR. MISC. No.75977 of 2023(3) dt.15-01-2024 2/2 It is further submitted that the petitioner is languishing in judicial custody since 18.08.2023.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that there is specific allegation against the petitioner of five time knife blow upon the son of the informant due to which her son sustained severe injuries and his both legs stopped functioning. As per Supplementary Affidavit, injuries sustained by the injured by sharp cut weapon are grievous in nature.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of knife blow, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same within six months, failing which the petitioner may renew his prayer for bail.

(Sunil Kumar Panwar, J) Manishkr/- U T