Pradip Kumar Pankaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29028 of 2024 Arising Out of PS. Case No.-410 Year-2023 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Pradip Kumar Pankaj S/o Basudev Mandal R/o vill - Athgama (Shankarpur Khawas), P.s. - Kahalgaon (Ghogha), Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Jagdishpur (Goradih) P.S. Case No. 410 of 2023, registered for the offences punishable under Sections 302, 201, 120B, 34 of the Indian Penal Code.

3. As per prosecution case, the wife of informant's younger brother was operated in Mayaganj Hospital the younger brother of the informant used to take meal for patient. It is further allegation is that on 04.09.2023 at 07 :00 AM, the informant received the information that one person is lying in injured condition on the road of village Mohanpur Chamaniya Bandh and the police reached with the injured in hospital for treatment. In course of treatment, the injured, who was none else but younger brother of the informant, succumbed to the injuries.

Patna High Court CR. MISC. No.29028 of 2024(3) dt.05-08-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that nothing was recovered from the possession of the petitioner. He has also submitted that the petitioner is a person of clean antecedent and is under custody since 06.09.2023.

5. On the other hand, the learned the counsel for the informant has opposed the prayer for bail and submitted that the petitioner in his confessional statement confessed the guilt. A Scorpio has also been recovered from the Garage. The Scorpio belongs to the petitioner. The mobile set of the deceased was recovered from that Scorpio Vehicle and bloodstain was also found present on the Scorpio. The pistol, which was used in crime was also recovered on the basis of confessional statement of the petitioner, as such, the confession is leading to recovery.

6. Considering the above-mentioned facts and circumstances as well as the gravity of the allegation, I do not think it to be a fit case for bail, which is hereby rejected. (Nawneet Kumar Pandey, J) Nirmal/- U