Vickky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29690 of 2021 Arising Out of PS. Case No.-291 Year-2020 Thana- KHARHAGPUR District- Munger ====================================================== Vickky Kumar, S/O Late Ram Bilash Singh, R/o village- Karngarh, P.S.- Gangata, District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Ranjan, Advocate For the Informant Mr. Kaushal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 03-01-2022 The applicant/accused in Crime No. 291 of 2020 registered with Haweli Kharagpur Police Station for the offences punishable under Sections 302, 201 and 120(B) r/w Section 34 of the Indian Penal Code, by this application is seeking his release on bail after filing of the charge sheet.
Heard the learned counsel appearing for the applicant/accused. He submits that except the last seen theory, there is no other evidence to connect the applicant in this offence. It is further argued that the applicant is not having any criminal antecedent. He submits that the co-accused Dharambir Kumar @ Karambir Bharti is released on bail as per order of this Court. The learned Prosecutor opposed the application by contending that the deceased was taken by the accused persons including the applicant for participation in some celebration and
2/4 during night hours, he was done to the death. Similar submission are advanced by the learned counsel for the first informant. I have considered the submissions so advanced and also perused the entire case diary.
The case of the prosecution is based on circumstantial evidence. It is trite that in such cases, the prosecution is enjoin to establish all circumstances which should have cumulative effect of inferring the guilt and only the guilt of the accused in the subject crime.
Gunja Devi-widow is the first informant in the instant case. Her husband Pintu Kumar died homicidal death and the dead body was recovered on 25.10.2020. The first informant Gunja Devi as well as her relatives are unanimous in stating that the applicant as well as other co-accused had been to the house of deceased, they gave some amount to the deceased and took the deceased with them for having a party. This happened at about 7.30 P.M. on 24.10.2020. Dead body of Pintu Kumar was found with fatal wounds at 6 A.M. at 25.10.2020.
During the course of investigation, the prosecution has collected call details records of the deceased Pintu Kumar. It is seen that he had talked with several persons during that night. I am unable to locate the statements of those persons with whom the deceased had talked during that night. Statement of Pawan Kumar reflects some illicit relations of the deceased Pintu Kumar with
3/4 sister of his friend. Except the last seen theory, there is no other circumstances reflected from the papers of investigation to infer complicity of the applicant in the subject crime. There is no recovery or discovery at the instance of the applicant. The applicant is not having any criminal antecedent. Co-accused Dharambir Kumar @ Karambir Bharti is already released on bail by this Court vide order dater dated 15.12.2021 passed in Criminal Misc. No. 25425 of 2021. In this view of the matter, further pre-trial detention of the application is not warranted and therefore, the order :- i. The application is allowed.
ii. The applicant/accused in Crime No. 291 of 2020 registered with Haweli Kharagpur Police Station for the offences punishable under Sections 302, 201 and 120(B) r/w Section 34 of the Indian Penal Code be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the
4/4 members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial.
(IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) Bhardwaj/- U T