Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85979 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Ajit Kumar S/O Nandu Mahto R/O Village- Ram Nagar, Naya Tola @ Nayaka Tola, P.S- Chapra Muffasil, Dist.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with GR. No. 1692 of 2024, arising out of Chapra Muffassil P.S. Case No. 112 of 2024, instituted for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner went to the house of the informant at midnight armed with dagger and assaulted his mother while she was sleeping due to which she died on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.85979 of 2024(3) dt.24-01-2025 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is no specific allegation levelled against the petitioner. The allegation levelled against the petitioner is general and omnibus in nature. It is next submitted that the petitioner has got no intention to commit murder of the mother of the informant. Due to previous enmity between the informant and the petitioner, he has been falsely implicated in this case. The petitioner is in custody since 27.02.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is also submitted that the informant has supported the allegation against the petitioner in his statement recorded at paragraph no. 53 of the case diary. Other witnesses mentioned at paragraph nos. 9, 10, 11, 32 and 33 have also supported the prosecution case. It is further submitted that the inquest report and postmortem report further corroborates allegation against the petitioner. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.85979 of 2024(3) dt.24-01-2025 3/3

7. The prayer is rejected at this stage. The trial Court is directed to expedite the Trial expeditiously. (Rudra Prakash Mishra, J) Rajorshi/- U T