Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3062 of 2019 Arising Out of PS. Case No.-183 Year-2018 Thana- NOORSARAI District- Nalanda ====================================================== Vikash Kumar, aged about 23 years, Gender, male, son of Vishwanath Rai Resident of village-Chainpura, P.S- Dewariya, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Babita Kumari For the Opposite Party/s :
Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Noorsarai P.S. Case No. 183 of 2018 registered for the offence punishable under Sections 302, 201/ 34 of the Indian Penal Code.
Informant is the Chaukidar who has stated that on 29.07.2018, when he was going to Noorsarai on his duty, he saw that many people were assembled by the side of the road and when he reached there he saw a dead body of a person aged about 30-35 years and blood was oozing out from his mouth. He suspected that someone has killed him by throttling with the help of gamcha and, thereafter, threw the dead body. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. However, learned counsel for the State has submitted
Patna High Court CR. MISC. No.3062 of 2019(4) dt.27-02-2019 2/2 that location of the mobile of the petitioner was found near the place of occurrence and petitioner has confessed before the police that he along with the other accused looted the vehicle and thereafter killed the deceased and sold Bolero vehicle in Muzaffarpur from where it was recovered by the police. Considering the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.
(S. Kumar, J) Sanjay/- U T