Abhishek Kumar @ Ghantu @ Ghantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5122 of 2020 Arising Out of PS. Case No.-162 Year-2019 Thana- PARSABAZAR District- Patna ====================================================== ABHISHEK KUMAR @ GHANTU @ GHANTU KUMAR Son of Jitendra Prasad Resident of Village - Bhetgaon Barh, P.S.- Barh, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-05-2020 Heard Mr. Asif Kalim, learned counsel for the petitioner and Mr. Amit Kumar Rakesh, learned APP for the State.

The petitioner, who is in custody since 25.06.2019, seeks bail in connection with Parsa Bazar P. S. Case No. 162 of 2019 dated 27.05.2019, instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code.

The F.I.R. is against unknown.

It appears from the prosecution report that the deceased left the house but did not return till late in the night. On search, his dead body was found buried in the

Patna High Court CR. MISC. No.5122 of 2020(4) dt.28-05-2020 2/3 ground.

The petitioner appears to have been arrested on suspicion who is said to have made a confession before the police.

Learned counsel for the petitioner submits that confession of an accused is no evidence in the eyes of law and beyond confession, there is no material in the investigation report to connect the petitioner with the crime.

It further appears from paragraph 47 of the case-diary that the belongings of the deceased have been recovered at the instance of the petitioner. It has but been submitted that even if that material is taken into account, there is no conclusive proof of the fact that the petitioner had killed the deceased.

The petitioner is stated to be a businessman and has been made accused in this case because of the machinations of local police.

Patna High Court CR. MISC. No.5122 of 2020(4) dt.28-05-2020 3/3 Considering the period of custody of the petitioner and the nature of accusation against him, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM cum Sub Judge-VIII, Patna in connection with Parsa Bazar P. S. Case No. 162 of 2019.

(Ashutosh Kumar, J) skm/- U