Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19834 of 2024 Arising Out of PS. Case No.-787 Year-2023 Thana- SAHPUR District- Patna ====================================================== Brajesh Kumar S/o Mantu Singh R/o Lakhani Bigha, P.S. - Danapur, Dist. - Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

This application for grant of regular bail arises out of Shahpur P.S. Case No. 787 of 2023 registered for the offence punishable under section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3.

The deceased was accused in the killing of the father of one Vinay Kumar Singh, which had taken place long back. The deceased after getting bail, left the area and came to Danapur and made a house and was staying there. Vinay Kumar Singh after getting the knowledge about the address of the deceased, contacted criminals and engaged them

Patna High Court CR. MISC. No.19834 of 2024(3) dt.03-05-2024 2/3 to kill the deceased. The criminals called the deceased and killed him and thereafter they came with their motorcycles and changed their motorcycles. They parked their motorcycles at the door of the petitioner and fled away on two scooties. 4.

Learned counsel for the petitioner submits that the petitioner is not involved in the crime and the offence under Section 302 of the Indian Penal Code is not made out against the petitioner. He further submits that the offence under section 201 may be made out against the petitioner and therefore, he may be granted bail.

5.

It has come during investigation that the petitioner had kept two motorcycles used in the crime in Panchayat Bhawan of the village and subsequently, parked the said motorcycles at Danapur railway station and at the instance of the petitioner, main accused Rohit Raj was arrested and the motorcycles have been recovered.

6.

From the materials collected during the investigation, it appears that the petitioner is involved in the conspiracy and he has played his role assigned to him. 7.

Considering the aforesaid facts, I am not inclined to grant the petitioner privilege of regular bail. Accordingly, this application is accordingly rejected. If there is

Patna High Court CR. MISC. No.19834 of 2024(3) dt.03-05-2024 3/3 no substantial progress in the trial, the petitioner may renew his prayer for bail.

(Sandeep Kumar, J) pawan/- U T