Bhagwan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86951 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== BHAGWAN SAH Son of Late Shiv Nath Prasad Gupta Resident of Village - Kumhau, P.S.- Shivsagar, Distt.- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-06-2020 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner seeks bail in connection with Sessions Trial No. 280 of 2019 arising out of Kudra P.S. Case No. 142 of 2019 registered for the offence punishable under Section 302 of the Indian Penal Code.

Allegation against the petitioner is of killing his father by inflicting knife blow in his stomach.

It has been submitted on behalf of the petitioner that petitioner has committed no offence and has been implicated in this case due to ulterior motive. It has been further submitted that there is no eye witness to the said occurrence and there is

Patna High Court CR. MISC. No.86951 of 2019(5) dt.08-06-2020 2/2 no material in support of the allegation. Petitioner has got no criminal antecedent and is in custody since 01.05.2019. Learned counsel for the Informant vehemently opposes the prayer for bail.

Considering the fact that there is direction allegation upon the petitioner of stabbing his father as result of which he died which is supported by post mortem report also, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected.

The court below is directed to expedite the trial and conclude the same within a period of one year. (S. Kumar, J) ranjan/- U