Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32296 of 2021 Arising Out of PS. Case No.-337 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== Sandeep Kumar Son Of Sri Manoj Singh @ Manoj Kumar R/O VillageMaheshwara Ward No.-5, P.S.- Naokothi, District- Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No.1 For the State :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Teghra P. S. Case No.337 of 2020, instituted for the offences under Section 364 of the Indian Penal Code and later on, Sections 302, 201, 120-B/ 34 of the I.P.C.

The learned counsel for the petitioner submits that the petitioner is in custody since 17.11.2020, charge-sheet has been submitted in this case and has antecedent of one case. It is submitted that in the F.I.R., informant alleges that her husband (deceased) was abducted from Teghra Goshala Parishar by accused Amresh Chaurasia along with his 4-5 companions on 04.11.2020. Next day morning, a call was received from mobile no.8757736805 on mobile no.6206064327

Patna High Court CR. MISC. No.32296 of 2021(4) dt.24-02-2022 2/3 and the caller Amresh Chaurasia said that he has murdered her husband and has thrown his body. It is further alleged that the reason for the occurrence was that the deceased was having illicit relationship with the wife of Amresh Chaurasia. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the thrust of the allegation is against Amresh Chaurasia for stated reason in the F.I.R. It is further submitted that petitioner is not named in the F.I.R. The name of this transpired in the confessional statement of Amresh Chaurasia.

The learned counsel further submits that from perusal of the confessional statement of Amresh Chaurasia at Para-34 of the case diary, it would manifest that he has taken the entire responsibility that he killed the deceased. Though, he has stated that the petitioner along with other persons were also there in the car, but he had left them after covering some distance and had taken the deceased to Dasri village whereafter having drinks and narcotics, he stabbed him to death.

The learned counsel thus submits that even Amresh Chaurasia's confessional statement would reveal that he had taken the entire responsibility of the occurrence. Learned A.P.P. opposes the bail application, but after

Patna High Court CR. MISC. No.32296 of 2021(4) dt.24-02-2022 3/3 going through the case diary is not able to meet the submission of the learned counsel for the petitioner with regard to the confessional statement made by Amresh Chaurasia. Considering the fact that the petitioner is in custody, charge-sheet has been submitted in this case and taking into consideration the submission made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Teghra P. S. Case No.337 of 2020. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T