Khilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13905 of 2024 Arising Out of PS. Case No.-364 Year-2022 Thana- BAGHA District- West Champaran ====================================================== Khilesh Kumar Son of Sri Nagina Prasad @ Nagina Mahto Resident of Village- Sirisiya Chorahi, P.S.- Jogapatti, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sharad Kumar Verma, Advocate For the State :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bagaha P.S. Case No. 364 of 2022 instituted for the offence under Sections 302, 120B & 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in short is that some unknown miscreants has fired upon the son of the informant due to which he died and later on his dead body was found hear pond. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30-10-2023. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.13905 of 2024(2) dt.06-03-2024 2/2 case. Name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Mintu Tiwari, and the same has no evidentiary value. There is neither any eyewitness to the occurrence nor there is any specific allegation against the petitioner. Other co-accused has been granted bail by a Co-ordinate Bench of this Court, vide order dated 15-052023, passed in Cr. Misc. No. 10903 of 2023. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, no direct allegation against the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bagaha P.S. Case No. 364 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T