Patna High CourtCR. MISC./81432/2023bail rejected

Raj Kumar v. The State Of Bihar

2024-03-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81432 of 2023 Arising Out of PS. Case No.-43 Year-2021 Thana- MAIRWAN District- Siwan ====================================================== 1.

RAJ KUMAR SON OF LATE GULAB CHANDRA PRASAD RESIDENT OF VILLAGE - MAIRWA MOHALLA STATION CHOWK, P.S. - MAIRWAN, DISTRICT - SIWAN 2.

PUJA DEVI WIFE OF RAJ KUMAR RESIDENT OF VILLAGE - MAIRWA MOHALLA STATION CHOWK, P.S. - MAIRWAN, DISTRICT - SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seeks regular bail in connection with Sessions Trial No. 290 of 2021 arising out of Mairwan P.S. Case No. 43 of 21 registered on 09.02.2021 lodged under Sections 302, 201, 120B of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against unknown accused persons against whom there is an allegation that they have killed the deceased in furtherance with their common intention

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that

Patna High Court CR. MISC. No.81432 of 2023(4) dt.19-03-2024 2/2 petitioners are in custody since 09.02.2021. Petitioner no. 2 has no criminal antecedent whereas petitioner no. 1 has one case pending against him in which he is on bail. Charges have already been framed.

5. Learned counsel for the State opposes the prayer for bail and submits that both the petitioners have committed cold blooded murder in furtherance of their common intention

6. On earlier occasion, progress report has been called for. Upon perusal of the report, it transpires that out of 11 charge-sheeted witnesses 7 have been examined till date.

7. In the present facts and circumstances of this case, this Court is not inclined to grant bail to the petitioners.

8. Accordingly, the bail application of the petitioners is hereby rejected.

(Dr. Anshuman, J) Sunnykr/- U