Karan Kumar @ Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17458 of 2021 Arising Out of PS. Case No.-74 Year-2020 Thana- JAMALPUR District- Munger ====================================================== KARAN KUMAR @ VISHAL KUMAR Son of Sunil Kumar Ray @ Sunil Ray Resident of Village - Madhubani, Durga Asthan, P.S. - K. Hat, Distt. - Purniya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party/s :

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 sections 364, 302, 201, 120B and 34 of the Indian Penal Code.

As per the prosecution case, the son of the informant went missing and was not to be found. It subsequently transpired that the last conversation he had was with a girl namely Indu Kumari with whom he was to marry. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation in the confessional statement of a co-accused Sudhanshu Kumar made before police. It is submitted that the material being relied on against the petitioner is the confessional statement of a co-

Patna High Court CR. MISC. No.17458 of 2021(3) dt.30-09-2021 2/2 accused made before police and the extra judicial confession of the petitioner. It is further submitted that the allegation of recovery of mobile phone is false and malicious. The petitioner is in custody since 18.7.2020. Charge sheet has been submitted in the case. Co-accused Sudhanshu Kumar who is stated to have taken the name of the petitioner has already been enlarged on bail.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, the petitioner having remained in custody for over 1 year and grant of bail to co-accused Sudhanshu Kumar in whose confessional statement before police the name of the petitioner transpired, the Court directs the petitioner to be enlarged on bail in connection with Jamalpur P.S. Case no. 74 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, Munger.

(Partha Sarthy, J) Prakash/- U