Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86654 of 2024 Arising Out of PS. Case No.-352 Year-2024 Thana- GAYA KOTWALI District- Gaya ====================================================== Mohit Kumar S/o Late Dilip Prasad R/o Mohalla- Tutwari More, PS- Kotwali, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kotwali P.S. Case No. 352 of 2024 instituted for the offences under Sections 302/34 of the Indian Penal Code.

3. Accusation against the petitioner is of commission of murder of the informant's mother.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.86654 of 2024(3) dt.18-03-2025 2/3 Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.06.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that as per paragraph no. 39 of the case diary, this petitioner has confessed his guilt and has specifically narrated that he pushed the deceased on the bed and the coaccused Anjar slit the throat of the deceased. Learned APP, therefore, prays that petitioner may not be released on bail.

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

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. Learned Trial Court is directed to expedite the trial.

9. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of six months from today. If any such application is filed, the learned Trial Court shall

Patna High Court CR. MISC. No.86654 of 2024(3) dt.18-03-2025 3/3 consider the same on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) Alok Verma/- U T