Dhanraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6470 of 2022 Arising Out of PS. Case No.-110 Year-2021 Thana- FATUA District- Patna ====================================================== Dhanraj Kumar Son of Sri Hirdan Singh Resident of Village- Budhuchak, P.S.- Fatuha, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within four weeks from today.
The petitioner seeks regular bail in connection with Fatuha P.S. Case No. 110 of 2021 instituted for the offences punishable under Sections 302, 34 and 120 (B) of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 05.07.2021, charge-sheet has been submitted in the case and has antecedent of one case. Learned counsel for the petitioner submits that the informant alleges that he received information that his father has been killed by three unknown persons, accordingly, the
Patna High Court CR. MISC. No.6470 of 2022(2) dt.14-06-2022 2/3 informant reached the hospital and saw the dead body of his father. Thus, alleges that unknown criminals killed his father under conspiracy as people were jealous of his progress. Learned counsel for the petitioner submits that F.I.R. was lodged against unknown persons and the name of the petitioner transpired in the confessional statement of coaccused, Jitendra Kumar which was recorded before the police and he disclosed the name of the petitioner and other co-accused persons.
Learned counsel for the petitioner further submits that petitioner is innocent and has been implicated in this case only on the basis of vague suspicion and inadmissible material. Further, it is submitted by learned counsel for the petitioner that other co-accused persons namely, Jitendra Kumar @ Munna and Pradum Kumar @ Shishupal have been granted bail by a Coordinate Bench of this Court vide order dated 24.03.2022 passed in Cr. Misc. No. 62459 of 2021 and order dated 26.04.2022 passed in Cr. Misc. No. 69876 of 2021 respectively. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 05.07.2021, charge-sheet has been submitted in the case
Patna High Court CR. MISC. No.6470 of 2022(2) dt.14-06-2022 3/3 and his name transpired in the confessional statement of coaccused namely, Jitendra Kumar @ who has been granted bail by a Co-ordinate Bench of this Court, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Patna City in connection with Fatuha P.S. Case No. 110 of 2021.
(Khatim Reza, J) Gaurav Kumar/- U T