Prabhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82525 of 2023 Arising Out of PS. Case No.-555 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== Prabhu Kumar S/O RAJDEO RAM R/O VILLAGE- PIPRA WAJID, P.S.- DHAKA, DIST.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyanka Singh For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in connection with Ghorasahan P.S. Case No. 555 of 2021 instituted for the offence under Sections 302, 147, 148, 149, 120(B), 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, it is alleged that on 25.12.2021 at about 6:15 PM, the petitioner along with coaccused persons came at informant's house and took his son Ramesh Das. Thereafter, this petitioner opened firing on the head of the Ramesh Das due to which he died on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. There is

Patna High Court CR. MISC. No.82525 of 2023(3) dt.21-03-2024 2/2 animus relation between both the parties due to which this petitioner has falsely been implicated in this case. The informant is not eye witness of the alleged occurrence. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 3.10.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that the petitioner is named in the FIR who has specifically been alleged to commit murder of the informant's son by shot fire. According to the postmortem report, doctor opined the cause of death is Neurogenic shock due to firearm injury. It is also submitted that the witnesses of this case have supported the prosecution.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

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