Rajeev Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.44113 of 2015 (3) dt.18-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44113 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -CHHABILAPUR District- NALANDA (BIHARSHARIFF) ====================================================== Rajeev Kumar Son of Amin Paswan resident of Mohalla - Khairabad ( Mahalpar ), Police Station - Bihar Sharif, District - Nalanda .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranvijay Singh For the Opposite Party : Mr. Nityanand Tiwary, APP,App For the Informant : Mr. Sudhir Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2015 Heard the counsel for the petitioner, informant and counsel for the State.

The petitioner is languishing in jail since 25.07.2015 in a case instituted under Section 302 of the Indian Penal Code in connection with Chhabilapur P.S.Case No.86 of 2015 pending in the Court of CJM, Nalanda at Bihar.

As per prosecution case, it is a case of murder of informant's brother by the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.07.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no direct or indirect evidence against the

Patna High Court Cr.Misc. No.44113 of 2015 (3) dt.18-12-2015 petitioner. There is no eye witness to the alleged occurrence. Only the confessional statement of a co-accused before the police is the material against the petitioner. Petitioner has falsely been implicated in the present case. There is no allegation of tampering of evidence against the petitioner.

On behalf of the State and the counsel for the informant, it has been submitted that the petitioner is not named in the FIR. His name has come on the confession made by the coaccused who is the wife of the deceased where she has admitted that in collusion with the petitioner, she has got the deceased murdered.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the above named petitioner, same is rejected for the present.

(Sudhir Singh, J) B.Kr./- U T