Banti Kumar @ Pramod Kumar @ Pramod Kumar Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25464 of 2023 Arising Out of PS. Case No.-724 Year-2022 Thana- AMARPUR District- Banka ====================================================== BANTI KUMAR @ PRAMOD KUMAR @ PRAMOD KUMAR SAW Son of Bahadur Saw @ Bahadur Sah Resident of village-Ratanganj, P.S.-Sajaur (Shahkund), District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 302 and 201 of the Indian Penal Code.

3. As per allegation in the FIR, informant was on duty and he was informed by a villager that headless dead body of an unknown person was covered under the sand and then the present case was registered against unknown by the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this

Patna High Court CR. MISC. No.25464 of 2023(4) dt.05-09-2023 2/3 case. During investigation, wife of the deceased raised suspicion against the petitioner as prior to the alleged incident, an scuffle took place between the deceased and petitioner over a dispute of money which was given by the deceased to the petitioner. Save and except suspicion, nothing has come against the petitioner to show his complicity. Petitioner in his self confessional statement, has stated totally different version and stated that his wife was in illicit relationship with the petitioner. Statement of petitioner and statement of the deceased wife are contradictory to each other. Petitioner is languishing in judicial custody since21.12.2022.

5. The application for bail is opposed by learned APP for the State and submitted that petitioner has confessed about the guilt and also stated about the manner of occurrence in his confessional statement. Wife of the deceased has made direct allegation of killing of his husband against the petitioner. There is strong circumstantial evidence against the petitioner.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not

Patna High Court CR. MISC. No.25464 of 2023(4) dt.05-09-2023 3/3 inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U