Avinash Kumar Bharti @ Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44813 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -RUPASPUR District- PATNA ====================================================== Avinash Kumar Bharti @ Avinash Kumar S/o - Raju Paswan @ Raj Kumar Bharti R/v - Karariya, Dariyapur, P.S. - Naubatpur, Distt. - Patna at present resident of village - Urran Tola, P.S. - Gardanibagh, Distt. - Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The present case was lodged against unknown persons but in course of investigation, it came to light that petitioner used to talk with wife of the deceased on mobile phone. After that the wife of deceased was interrogated and her confessional statement was recorded. The wife of deceased disclosed in her confessional statement that she had sweet relation with petitioner and used to talk with him on mobile phone. The

Patna High Court Cr.Misc. No.44813 of 2016 (3) dt.01-12-2016 2/2 wife of deceased also disclosed that she along with petitioner hatched up a conspiracy and got eliminated the deceased. Petitioner was also arrested and he, too, made confessional statement. The investigating officer collected call details of petitioner and wife of the deceased. The investigation against the petitioner has already been completed and except the aforesaid material i.e. only call details as well as confessional statements, there appears to be nothing against the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VII, Danapur, Patna in connection with Rupashpur P.S. Case No. 20 of 2016 corresponding to Sessions Trial No. 581 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T