Patna High CourtCR. MISC./21944/2021bail rejected

Chandan Sharma v. The State Of Bihar

2021-08-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21944 of 2021 Arising Out of PS. Case No.-147 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== CHANDAN SHARMA SON OF DINANATH SHARMA R/O VILLAGENAYA TOLA RAJOKHAR, P.S. AND DIST.- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

As per the prosecution case, younger brother of informant along with this petitioner and Jiut Sahni went to Kotwa to see Ashtyam but he did not return in the night. On the next day his dead body was found and it is suspected that this petitioner along with co-accused Jiut Sahni committed the murder of deceased Learned counsel appearing for the petitioner submits that petitioner petitioner has been made accused in this case only on suspicion and there is no eye witness to the occurrence.

Patna High Court CR. MISC. No.21944 of 2021(3) dt.31-08-2021 2/2 It is further submitted that co-accused, Jiut Sahni, in his confessional statement stated that the deceased wanted to do some wrong with him and, hence, he committed the murder of the deceased. Petitioner is in custody since 04.03.2020. Learned counsel appearing for the State opposes the prayer for bail and submits that on the disclosure made by this petitioner blood stained knife and blood stained pant of the deceased were recovered from his house.

Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T