Ajay Kumar vs State Of Bihar

Heard Mr. Umesh Chandra Verma, learned counsel along with Ms. Rashmi Jha, learned counsel for the petitioner and Mr. Md. Arif, learned

Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

The petitioner is in custody in connection with Jandaha PS Case No. 39 of 2017 dated 14.03.2017, instituted under Sections 341, 323, 324, 307 and

302/34 of the Indian Penal Code.

This is the second attempt for bail as earlier such prayer was rejected by Hon’ble Justice Smt. Nilu Agrawal, as she then was, on 19.02.2018 in

Cr. Misc. No. 3870 of 2018.

The allegation against the petitioner is specific of inflicting knife blow in the stomach of the deceased who was son of the informant.

Learned counsel for the petitioner submitted that though there is specific allegation of inflicting knife blow in the stomach of the deceased leading to

his death, but during investigation it has come that the deceased had eve-teased some girl and the villagers had killed him. It was submitted that the

allegations are false. Learned counsel submitted that there was past enmity as has been disclosed in the FIR Itself. Learned counsel submitted that the

petitioner is in custody since 07.02.2017.

Learned APP submitted that there cannot be any false implication as no motive has been alleged to do so and further that the father being an eye

witness has stated that it was the petitioner who had inflicted knife blow, which is corroborated by the postmortem report. It was submitted that there

being no other reason, it is obvious that there was some grudge which the petitioner had against the deceased due to which he took the extreme step

of killing him.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to grant bail

to the petitioner.

Accordingly, the application stands dismissed.

However, the Court below is directed to expedite the trial.