Patna High CourtCR. MISC./29171/2024bail rejected

Shivam Kumar @ Venkatesh Raj v. The State Of Bihar

2024-07-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29171 of 2024 Arising Out of PS. Case No.-167 Year-2023 Thana- BIHTA District- Patna ====================================================== Shivam Kumar @ Venkatesh Raj SON OF Niraj Kumar @ Niraj Singh RESIDENT OF VILLAGE- KANCHANPUR, PS- BIHTA, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bihta P.S. Case No. 167 of 2023 lodged under Sections 302 and 34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against two named accused persons including the present petitioner that they have called the informant's son at about 7 PM in the evening and subsequently upon information when informant reached at the place of occurrence, he found dead body of his son.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that except strong suspicion, there is nothing found against the

Patna High Court CR. MISC. No.29171 of 2024(4) dt.05-07-2024 2/2 petitioner.

5. Counsel further submits that case diary has been called for and no material has come against him. He further submits that charge-sheet has already been filed in this case.

6. Counsel for the petitioner submits that petitioner is in custody since 09.08.2023 having clean antecedent.

7. Learned counsel for the State opposes the prayer for bail and submits that the petitioner is named accused. He submits that the petitioner along with other accused persons have called the deceased just one hour before his death. He also submits that in the case diary, it has come that a white shirt with full of blood has been recovered from the room of the petitioner.

8. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

(Dr. Anshuman, J.) Prakashmani/- U T