Bittu Kumar @ Bittu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33028 of 2021 Arising Out of PS. Case No.-567 Year-2019 Thana- JAMUI District- Jamui ====================================================== BITTU KUMAR @ BITTU YADAV, aged about 21 years, Male, SON OF KAPILDEO YADAV, R/O VILLAGE- AMARI, P.S.- KHAIRA, DIST.- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, App ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 394, 397, 302 of the Indian Penal Code and Section 27 of the Arms Act. Informant has alleged that on 06.11.2019 at about 8:30 p.m., while his deceased son, namely, Nitish Kumar @ Ghulti was coming from Jamui to his residential house on his motorcycle and when he reached near Jamui/khaira main road at Nima, he was shot dead by the unknown miscreants. Thereafter, informant went to the place of occurrence and saw dead body of his son. It is further alleged that at the time of occurrence, son of the informant was carrying Rs.10 lakh and one lap-top with

Patna High Court CR. MISC. No.33028 of 2021(2) dt.26-10-2021 2/2 him which was also looted by the miscreants.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. However, it has come during course of investigation that on the basis of C.C.T.V. footage installed in the shop of Navrang Sweet situated at Budhman-Talab, the picture of this petitioner and others was found recorded and residents of nearby people has also identified the accused/petitioner. Coaccused, Pawan Kumar, has also stated in his confessional statement about the complicity of this petitioner in the aforesaid murder. Apart from that, petitioner has three criminal antecedents.

Considering the facts and circumstances of the case and nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for bail of the petitioner is hereby dismissed.

(S. Kumar, J) Sanjay/- U T