Kundan Kumar @ Kundan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30944 of 2015 Arising Out of PS.Case No. -25 Year- 2015 Thana -NARHAT District- NAWADA ======================================================

1. Kundan Kumar @ Kundan Singh Son of Brijnandan Singh Resident of village - Repura, P.S. Sitamarhi Narhat, District - Nawadah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under section 302 of the I.P.C and section 27 of the Arms Act.

Jitendra Rajbanshi the son of the informant was found murdered near the bank of Tilaiya river in front of village- Gajra Chatar and thereafter during investigation the petitioner confessed his guilt and further identified his slipper recovered from the place of occurrence.

Submission is of false implication and that there is no eye witness of the occurrence. The petitioner was not seen in the company of the deceased. The witnesses vide paragraphs- 85 to 89

Patna High Court Cr.Misc. No.30944 of 2015 (3) dt.02-11-2015 2/2 of the case diary have only raised suspicion against the petitioner and others and there is no tangible evidence against him. Charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, to which the learned A.P.P. does not oppose.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Nawadah in Narhat P.S. Case No. 25 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T