Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33448 of 2018 Arising Out of PS.Case No. -41 Year- 2018 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Chandan Kumar S/o Mahesh Paswan, R/o Vill.- Kabilpur, P.S.- Bahadurpur, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramashankar Singh For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 07.02.2018 in connection with Bahadurpur P.S. Case No. 41 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been named in the First Information Report, but the entire allegation is false and fabricated and has no basis. It is further submitted that the petitioner has got no criminal antecedent and, therefore, fully on the basis of conjecture and surmises, the petitioner has been taken into custody and confessional statement has been extracted by the police which has no evidentiary value. He, thus, prays for grant of bail to the petitioner.

Patna High Court Cr.Misc. No.33448 of 2018 (4) dt.10-07-2018 2/2 Diary in the present case was called for which has since been received.

Learned counsel appearing on behalf of the State after perusal of the case diary and upon consideration of all facts and circumstances has submitted that the petitioner is named in the First Information Report and subsequent to his confession, the knife which was used in the murder was also recovered from the place as disclosed by the petitioner. It is further submitted that the petitioner's name had surfaced on the statement of the deceased before his father which is duly incorporated in the First Information Report itself. As such, the petitioner may not be extended the privilege of bail.

Having considered all facts and circumstances and that the recovery follow the confession of the petitioner, I am not inclined to grant regular bail to this petitioner. It is accordingly rejected.

(Anjana Mishra, J) Saif/- U T