Arjun Kewat @ Bheem Kewat @ Bateriya @ Bateran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80464 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- ROH District- Nawada ====================================================== ARJUN KEWAT @ BHEEM KEWAT @ BATERIYA @ BATERAN Son of Bachchu Kewat Resident of Village - Tajpur, P.S.- Roh, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 302/34 of the Indian Penal Code.

The prosecution case, in brief, is that husband of the informant had gone to sleep at night at Pumpset, where he was shot dead by accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 23-04-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The name of the petitioner has transpired in this case merely on the basis of suspicion. There is

Patna High Court CR. MISC. No.80464 of 2019(4) dt.19-03-2020 2/2 no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The confession of the petitioner led to the recovery of the weapon, used in the occurrence. The postmortem report at paragraph-53 of the case diary corroborates with the confession of the petitioner. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Roh P.S. Case No. 50 of 2019 is rejected.

The trial court is directed to take all possible steps to expedite the trial of the petitioner.

(Sudhir Singh, J) A.K.V.//- U T