Suraj Kant @ Bitu Kumar @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14056 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- KHIRI MORE District- Patna ====================================================== Suraj Kant @ Bitu Kumar @ Bittu, Son of Ram Vinod Sharma, Resident of Village-Mera, Police Station-Khiri More, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 17.11.2018 in a case registered for the offences punishable under Sections 302 and 120B of the IPC and Section 27 of the Arms Act. The prosecution case, as per the written report of Brajbhushan Prasad dated 13.11.2018, submitted to the Station House Officer, Khiri More Police Station, is to the effect that on the eve of Chhath Puja, the son of the informant, namely, Amit Kumar Bhushan @ Tutu, being the Chairman of the Organizing Committee of the Chhath Puja, organized a musical programme and while he was receiving the chief guest, Chandan Kumar and Bisheshwar Prasad Singh, someone resorted to fire at the son of the informant, as a result, he died on the spot, leading to

Patna High Court CR. MISC. No.14056 of 2019(2) dt.11-03-2019 2/3 registration of F.I.R. against unknown persons. During investigation, the petitioner was arrested and he confessed his guilt. The impugned order suggests that on the confession of the petitioner, one country made pistol was recovered from the place of occurrence.

It is submitted by learned counsel for the petitioner that a supplementary affidavit has been filed to the effect that learned Sessions Judge has committed error or record in recording that on the confessional statement of the petitioner, country made pistol was also recovered from the place of occurrence, rather nothing has been recovered from the place of occurrence. It is further submitted that neither the petitioner nor the used revolved has been put on T.I. Parade and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that apart from the present case, the petitioner is also made accused in other case in which he is on bail.

Learned APP submits that the petitioner has confessed his guilt before the police.

Considering the fact that the impugned order, which appears to have been passed after going through the case dairy, only suggest that the petitioner has confessed his guilt before the

Patna High Court CR. MISC. No.14056 of 2019(2) dt.11-03-2019 3/3 police and the investigation has already been concluded, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-III, Danapur, Patna in connection with Khiri More P.S. Case No. 99 of 2018. (Dinesh Kumar Singh, J) Amrendra/- U T