Chandan Kumar @ Manitesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25831 of 2024 Arising Out of PS. Case No.-622 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Chandan Kumar @ Manitesh Kumar Son of Ganauri @ Ganauri Paswan @ Dilip Paswan R/o Village- Bajpura, P.S.- Belaganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Durgesh Nandan, Advocate For the State :
Mr. Raj Kishor Singh, APP For the Informant :
Mr. Sunil Kumar Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 210 and 34 of the Indian Penal Code.
3. As per prosecution case, on 14.09.2023 at around 6 o' clock in the evening, co-accused Ashok Kumar and some unknown persons came to the house of the informant and carried her husband, namely Ravi Kumar, on motorcycle. Thereafter, at about 8 o'clock, mobile phone of husband of the informant got switched off. Next morning, police informed that one dead body is thrown into bush near block and when the informant and her family members went there, they recognized the dead body as deceased Ravi Kumar. The informant suspects
Patna High Court CR. MISC. No.25831 of 2024(3) dt.26-06-2024 2/3 that due to property dispute, all the F.I.R. named accused persons, and some unknown persons, including this petitioner, committed the murder of husband of the informant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner is neither named in the F.I.R. nor any whisper or suspicion has been raised against him. It is next submitted that name of the petitioner transpired in this case only on the basis of confessional statement of co-accused Ashok Paswan and except confessional statement, there is no other material on record to show his complicity in the alleged occurrence.
5. Learned A.P.P. for the State and learned counsel fir the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that during course of investigation, number of witnesses have named this petitioner as an accomplice of the occurrence. It is further submitted that from the all details of co-accused Ashok Paswan it is apparent that on 14.09.2023 from 8 o'clock to 22:20 o'clocm this petitioner talked to him for 13 times. That apart, petitioner has also got three criminal antecedents.
6. Considering the aforesaid facts and circumstances, materials that have surfaced during course of investigation and
Patna High Court CR. MISC. No.25831 of 2024(3) dt.26-06-2024 3/3 criminal antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T