Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32670 of 2015 Arising Out of PS.Case No. -297 Year- 2014 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Rahul Kumar s/o Arun Sharma, Resident of Village- Lakhapur, P.s - Paras Bigha, District - Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sharda Nand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offence punishable under section 364, 302, 201 and 120 (B)/34 of the I.P.C It is submitted that the petitioner is not named in the FIR and during investigation in the confessional statement of coaccused Munna Kumar and Sangita Devi the name of the petitioner has transpired that he was also involved in killing of both the deceased and on that basis only the petitioner is suffering in custody since 31.03.2015 having no criminal antecedent. The learned A.P.P. submits that co-accused Sangita Devi and Munna Kumar confessing their guilt have stated the

Patna High Court Cr.Misc. No.32670 of 2015 (4) dt.10-11-2015 2/2 name of the petitioner also and on the basis of confessional statement golden ring of deceased Chunna Sharma was recovered from the jewelry shop of one Manohar Prasad who has stated that he has purchased the same after paying Rs. 3,500/- from coaccused Munna Kumar and a lady (Sangita Devi) who had come together on a motorcycle.

In the facts and circumstances as stated above, considering that except the confessional statement of co-accused there is no other tangible material and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Jehanabad in Jehanabad P.S. Case No. 297 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T