Himanshu Kumar @ Nitin Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49702 of 2018 Arising Out of PS.Case No. -574 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Himanshu Kumar @ Nitin Bharti son of Sanjiv Prakash resident of Village Bishunpur Chandni Chowk, M.N. Ray Gali, Ward No. 39, P.S. Nagar, District Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Begusarai Muffasil P.S. Case No. 574 of 2017 registered under Sections 364, 302, 120(B)/34 of the Indian Penal Code.

As per the prosecution case, F.I.R. named accused person kidnapped the grandson of the informant and subsequently committed his murder. The informant happens to be eye witness of the occurrence.

It is submitted by learned counsel for the petitioner that petitioner has no concern with the aforesaid occurrence. The petitioner has been falsely implicated in this case at the instance of his enemy.

Patna High Court Cr.Misc. No.49702 of 2018 (02) dt.20-09-2018 - 2 - Petitioner is not named in the F.I.R. None of the witnesses has seen the petitioner in the occurrence. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of Bikram Chaudhary and that of the petitioner recorded by the police which has no evidentiary value in the eye of law. No incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has been languishing in custody since 15.03.2018. Similarly situated coaccused, namely, Raju Jha has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 35515 of 2018 vide order dated 27.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P.S. Case No. 574 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T