Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63075 of 2023 Arising Out of PS. Case No.-78 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Vikash Kumar Son Of Shri Dayanand Rai Village- Bishanpur Kowahi PsPatepur Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

It is a case of commission of murder of the son of the informant. It is specifically alleged against the petitioner that he assaulted with iron rod to the deceased.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.63075 of 2023(3) dt.18-12-2023 2/3 been implicated in this case. For the alleged occurrence of 08.04.2023, the F.I.R was registered on 09.04.2023 without explaining the delay. The informant is not the eye witness to the occurrence and during investigation the witnesses have given contradictory statements. The petitioner is languishing in custody since 10.04.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from present case.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that there is specific allegation against the petitioner that he assaulted with iron rod to the deceased. The postmortem report also corroborates the case of the prosecution. The independent witnesses also supported the case of the prosecution.

Considering the fact that there is specific

Patna High Court CR. MISC. No.63075 of 2023(3) dt.18-12-2023 3/3 accusation against the petitioner to have assaulted with iron rod to the son of the informant, resulting into his death, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T