Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21747 of 2012 ====================================================== Kundan Singh, Son of Kamakhaya Singh. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 30-07-2012 Supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] , is one of the named accused in this case with allegation of arriving along with others at the place wherein the informant and deceased were sitting and shot dead informant’s brother and at his dictates his other associates also fired upon him resulting into his instant death. Submission is of false implication and during investigation different type of story emerging out, at best, petitioner can be said to be order giver and person having business rivalry with the deceased and paragraph – 70 of the case diary indicates that injured persons sustained injuries from riffle only, whereas, as per First Information Report apart from two riffles, one of the co-accused shot at him by pistol and one of the witnesses states that one single person was assailant of the deceased by one weapon. Having regard to the facts and circumstances of the case Patna High Court Cr.Misc. No.21747 of 2012 (4) dt.30-07-2012 2 including refusal of prayer of other two co-assailants of the deceased, namely, Kripa Shankar Singh and Mantu Kumar @ Mantu Singh by two different Benches of this Court. Further, petitioner having criminal antecedents, though, in some of them he has been acquitted, for the present, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer for regular bail of the above named petitioner, in connection with Sessions Trial No. 325/2012 arising out of Jakkanpur P.S. Case No. 208/2011, pending in the court of learned Additional Sessions Judge – XI, Patna, is hereby, refused. Simultaneously, courts below are directed to proceed expeditiously with the trial and avoid undue delay and adjournments. Praveen-II/- (Akhilesh Chandra, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.