Shahansah Kumar @ Shahansah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74634 of 2023 Arising Out of PS. Case No.-422 Year-2022 Thana- SHRIKRISHNAPURI District- Patna ====================================================== SHAHANSAH KUMAR @ SHAHANSAH Son of Rajesh Kumar Resident of village - Goura, P.S.- Teghra, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava APP For the Informant :

Mr. Hitendra Singh Mr. Pramod Kr. Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Sri Krishnapuri P.S. Case No. 422 of 2022 registered for the offence under Sections 302, 120B/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner is alleged to have killed the deceased after conspiring to commit the murder.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It has further been submitted by the learned counsel for the petitioner that the petitioner is not named in the FIR and

Patna High Court CR. MISC. No.74634 of 2023(4) dt.27-02-2024 2/3 there is no direct allegation against the petitioner for killing the deceased except the fact that he is said to have acted as a liner who was informing the accused persons about the movement of the deceased.

5. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 2.11.2022

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail by contending that the crime was committed on the instructions of Bhola Singh, Mukesh Singh and Raghunath Singh after payment of Rs. 1.5 crore to the criminals and the involvement of the petitioner has also come during investigation.

7. Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioner even though some of the accused persons have been granted bail because the petitioner is the person who was giving the information about the movement of the deceased and he has actively participated in the killing of the deceased.

8. Accordingly, this application is dismissed.

9. The trial Court is directed to expedite the trial of the petitioner and conclude the same at the earliest. If there is no sufficient progress in the trial due to the fault of the

Patna High Court CR. MISC. No.74634 of 2023(4) dt.27-02-2024 3/3 prosecution side then the petitioner may renew his prayer for grant of bail.

10. The Senior Superintendent of Police, Patna is directed to produce the witnesses regularly in the Court below on the dates fixed by the Court below for the trial of the accused persons so that the trial may be concluded at the earliest.

11. Let a copy of this order be communicated to the Senior Superintendent of Police, Patna through FAX for its compliance.

(Sandeep Kumar, J) Vikas/- U T