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Patna High CourtCR. MISC./26054/2024dismissed

Sirijal Kumar @ Bachan v. The State Of Bihar

2024-07-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 26054 of 2024 Arising Out of PS. Case No.-439 Year-2023 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

Sirijal Kumar @ Bachan Son of Ram Bilash @ Ram Bilash Ram Resident of Village- Luhasi, P.S.- Uchakagaon, Dist.- Gopalganj 2.

Manu Kumar Son of Ram Bilash @ Ram Bilash Ram Resident of VillageLuhasi, P.S.- Uchakagaon, Dist.- Gopalganj 3.

Retu Devi @ Ritu Devi Wife of Sirijlal Kumar @ Bachan Resident of Village- Luhasi, P.S.- Uchakagaon, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Sager Sharma, Adv.

For the State :

Mr.Nand Kumar, APP For the Informant :

Mr. Deepankar Raj, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Uchakagaon P.S. Case No. 439 of 2023, registered for the offences punishable under Sections 363, 365 of the Indian Penal Code.

3. As per allegation, the brother of the informant now deceased went to his Bathan for sleeping on 01.11.2023 at about 9.30 PM by his motorcycle from his house but he did not back to home in the morning. Accordingly, based on said statement this case was lodged for investigation regarding his

Patna High Court CR. MISC. No. 26054 of 2024(3) dt.24-07-2024 2/2 missing.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated. His further submission is that there is nothing against the petitioners in the entire case diary except the confessional statement of the petitioners.

5. On the other hand, learned APP assisted by the learned counsel for the Informant opposed the prayer for bail by submitting that the petitioners gave their confessional statement and at disclosure of their confessional statement the dead body and the knife whereby the murder was committed were recovered.

6. Considering the facts that the confessional statements of the petitioners lead to recovery of the dead body of the deceased as well as the knife whereby the murder was committed, I am not inclined to grant bail to the petitioners. Accordingly, their prayer for bail is rejected. (Nawneet Kumar Pandey, J) SONALI/- U T