Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19921 of 2023 Arising Out of PS. Case No.-644 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Gautam Kumar Son Of Ramadhar Ray R/O Village- Raghu Tola, P.S.- Ara Town, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Singh, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 20.08.2022 in connection with Ara Town P.S. Case No. 644 of 2022, F.I.R. dated 17.07.2022 registered for the offence punishable under Section 302 of IPC and Section 27 of Arms Act.

The FIR of the occurrence of murder is against unknown.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the

Patna High Court CR. MISC. No.19921 of 2023(3) dt.05-07-2023 2/3 basis of the confessional statement of the co-accused person, namely, Sonu Kumar and thereafter the self-confessional statement of the petitioner. Further submits that except the aforesaid, no other material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the petitioner is son of the informant.

Learned APP for the State, on the other hand, on the basis of the material available on the record and the case diary, has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that in para-22 of the case diary, the use of the arms has been recovered from possession of the petitioner, in para-23 of the case diary, blood-stained clothes also recovered from the room of the petitioner, in para-25 of the case diary, the petitioner has confessed his involvement in the present occurrence and in para-26 of the case diary, co-accused, Sonu Kumar also confessed that he was involved with the petitioner in the present occurrence. Further submits that the petitioner carries one more case other than the present one. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Ara Town

Patna High Court CR. MISC. No.19921 of 2023(3) dt.05-07-2023 3/3 P.S. Case No. 644 of 2022 pending in the court of learned C.J.M., Bhojpur at Ara.

Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T