Amrit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17471 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== AMRIT KUMAR Son of Lalo Mahto @ Lalan Mahto Resident of Village - Karaitanr, Ward no.2, P.S.- Bakhari, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Adv.

For the Opposite Party/s :

Dr.Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-09-2021 Heard learned counsel for the parties.

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 the prosecution case, the son of the informant went missing and was not to be found inspite of search.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. The petitioner has been falsely implicated in the case in course of investigation. It is submitted that the signature of the petitioner was taken on a blank paper by the police which was manipulated into a confessional statement of the petitioner. It is

Patna High Court CR. MISC. No.17471 of 2021(3) dt.30-09-2021 2/2 submitted that the cause of the occurrence for the offence having been carried out by the petitioner is that the deceased had come to know about love affair of the petitioner with the niece of the deceased. Admittedly there is no eye witness of the occurrence. The petitioner is in custody since 30.4.2020. The confessional statement of the petitioner made before police is inadmissible. Chargesheet has been submitted in the case. The petitioner has no criminal antecedent.

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

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for 1 year 5 months, the Court directs the petitioner to be enlarged on bail in connection with Bakhari P.S. Case no.169 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 Chief Judicial Magistrate, Begusarai. (Partha Sarthy, J) Saurabh/- U T