Golu Kumar @ Shubham Kumar @ Subham Kumar @ Shubham Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8245 of 2024 Arising Out of PS. Case No.-521 Year-2023 Thana- NARHATT District- Nawada ====================================================== Golu Kumar @ Shubham Kumar @ Subham Kumar @ Shubham Raj, S/o Suman Kumar Singh, Resident of Village - Narhat, P.S.-Narhat, DistrictNawada, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Ranjan, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP For the Informant :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-02-2024

1. Heard learned counsel for the petitioner, the learned APP for the State and learned counsel for the informant.

2. Petitioner seeks regular bail in connection with Narhat P.S. Case No. 521 of 2023 dated 28.10.2023 registered for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has been languishing in jail since 03.11.2023 and there is no eyewitness of the alleged occurrence of murder and the corpse of the victim is said to have been recovered from the house of this petitioner but in actual, the same was recovered from a premises which belongs to co-sharer of the petitioner and the

Patna High Court CR. MISC. No.8245 of 2024(2) dt.19-02-2024 2/3 same has been wrongly shown as to be of the petitioner. Further submissions are that earlier a fight had taken place in between the accused persons and the deceased as per informant's allegation but not a single eye-witness was produced to corroborate the same and the informant had neither disclosed the phone number nor the content of the information in support of his version that he had received a phone call about the alleged occurrence. Further submissions are that the petitioner has fair and clean antecedent and general and omnibus allegation has been levelled against him and mainly on the basis of last seen theory, he has been implicated in the present matter.

4. Learned counsel for the informant has vehemently opposed the bail prayer of the petitioner and submitted that the victim was taken by this petitioner and co-accused persons on the pretext of party and thereafter, the victim's dead body was recovered from the petitioner's own house, having bleeding injuries on the body.

5. Learned APP appearing for the State has also opposed the bail prayer of the petitioner.

6. Considering the seriousness of the allegation which relates to murder and as per prosecution's story, the

Patna High Court CR. MISC. No.8245 of 2024(2) dt.19-02-2024 3/3 victim's dead body was recovered from the room of the petitioner's house, in my opinion, the petitioner does not deserve to the privilege of bail. Accordingly, petitioner's bail prayer stands rejected.

(Shailendra Singh, J) annu/- U T