Patna High CourtCR. MISC./85263/2024dismissed

Nitish Kumar v. The State Of Bihar

2025-01-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85263 of 2024 Arising Out of PS. Case No.-76 Year-2023 Thana- MORKAHI District- Khagaria ====================================================== Nitish Kumar Son of Sri Sitaram Singh Resident of Village-Gharari Panchayt Rasauk, PS Morkahi , District Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh, Adv.

For the State :

Mr. Amitesh Kumar, APP For the Informant :

Mr. Bhola Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 34 and 120(B) of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused is said to have assaulted the husband of the informant, as a result of which he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that there is some family dispute between the parties. He further submits that the petitioner is languishing in custody since 28.06.2023. The

Patna High Court CR. MISC. No.85263 of 2024(2) dt.24-01-2025 2/2 petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that all the witnesses have been examined in the trial only the Investigation Officer was not examined.

6. Considering the facts and circumstances of the case and the stage of the trial, this Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer of regular bail of the petitioner is hereby rejected in connection with Morkahi P.S. Case No. 76 of 2023.

7. However, learned Trial Court is directed to conclude the trial as expeditiously as possible preferably within a period of three months.

(Anjani Kumar Sharan, J) anand/- U T