Bhola Kumar @ Sunny Kumar @ Sunni Kumar v. The State O Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12551 of 2021 Arising Out of PS. Case No.-149 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== BHOLA KUMAR @ SUNNY KUMAR @ SUNNI KUMAR S/O SANJAY SINGH @ SANJAY KUMAR SINGH R/O VILLAGE-VRINDAWAN, WARD NO. 01, P.S.- NAWKOTHI, DISTRICT BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 363 of the Indian Penal Code to which sections 302, 201, 120B and 34 of the Indian Penal Code were added subsequently. As per allegations in the F.I.R., it is stated by the informant that his son who was sleeping near the well went missing and his mobile number was also found to be switched off.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. The name of the petitioner transpired in course of investigation when it was stated that some days ago, a dispute had taken place between the

Patna High Court CR. MISC. No.12551 of 2021(4) dt.24-08-2021 2/2 petitioner and the deceased. It is submitted by learned counsel for the petitioner that the only material that has come in course of investigation is that in the last conversation the deceased had on telephone talked with the petitioner and one Raushan Kumar and further the confessional statement of the petitioner and Raushan Kumar made before police, which is inadmissible. There was a delay in lodging of the F.I.R. There is no eye witness to the occurrence. The petitioner is in custody since 13.10.2020 and has no criminal antecedent. Investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over 10 months, the Court directs the petitioner to be enlarged on bail in connection with Nawkothi P.S. Case no.149 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai. (Partha Sarthy, J) Saurabh/- U T