Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26447 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- MASAUDHI District- Patna ====================================================== Pintu Kumar S/o- Sri Chandeshwar Prasad R/v- Salempur, P.S_Karauna, O.P. Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary,APP For the Informant :

Mr. Vinod Kumar Seth, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-06-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Masaurih P.S. Case No. 75 of 2024 registered for the offence under Sections 363 and 365 of the I.P.C. and 302, 201, 120B, 34 of the I.P.C.

3. The petitioner is not named in the F.I.R. and is in custody since 04.02.2024.

4. The allegation against the petitioner is to commit murder of the son of the informant along with other co-accused person after calling him from home on instance of paying Rs. 8,000/- ( Rupees Eight Thousand) due to him, where occurrence is alleged to be arises out of

Patna High Court CR. MISC. No.26447 of 2024(3) dt.12-06-2024 2/3 monetary dispute.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced in the present case out of the confessional statement of co-accused Amlesh Kumar who alleged to have called the petitioner from his home. It is submitted that during the course of investigation it appears that the petitioner introduced the deceased with co-accused Amlesh Kumar regarding marketing networking business. It is also submitted that even the dead body of the deceased was recovered on the basis of the confessional statement of co-accused Amlesh Kumar. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that as per confessional statement of coaccused Amlesh Kumar, this petitioner was also involved in

Patna High Court CR. MISC. No.26447 of 2024(3) dt.12-06-2024 3/3 the murder of son of the informant.

7. In view of the aforesaid facts and circumstances it appears prima-facie that save and except suspicion arising out of the confessional statement of coaccused, prima-facie no incriminating material appears to be surfaced so as to connect the petitioner with present crime in question, coupled with fact that charge-sheet has already been submitted, where the petitioner is in custody since 04.02.2024, let the petitioner, above named, is directed to be released on bail in connection with Masaurih P.S. Case No. 75 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- Masaurih, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Sudha/- U T