Bikram Kumar @ Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23178 of 2020 Arising Out of PS. Case No.-77 Year-2019 Thana- BEERPUR District- Begusarai ====================================================== Bikram Kumar @ Vikram Kumar Son Of Anil Mahto @ Piyush Resident Of Village-Beerpur, P.S.-Beerpur, District-Begusarai ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Mritunjay Kumar Mishra, Advocate For the Opposite Party :
Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2020 Heard learned counsel for the petitioner as well as learned counsel for the State through video conferencing. The petitioner seeks bail in Beerpur Police Station Case No. 77 of 2019 registered for the offences punishable under sections 364, 302, 201, 387, 120B and 34 of the Indian Penal Code.
The informant alleges that four persons including the petitioner came to his shop on motorcycle and kidnapped his father on the point of pistol. Accused persons later on killed him due to non-fulfilment of demand of ransom of Rs.10 lacs and threw the dead body near Tadi pull.
Learned counsel for the petitioner submits that the informant is not an eye witness to the occurrence and the FIR has been lodged by him on the basis of information collected by him from his staff. Save and except general and omnibus allegation as well as confessional statement of co-accused
Patna High Court CR. MISC. No.23178 of 2020(4) dt.23-11-2020 2/3 Gautam Kumar recorded in paragraph 17 of the case diary, no incriminating material has been recovered from the conscious possession of the petitioner. Said similarly situated co-accused Gautam Kumar has already been allowed bail by a co-ordinat bench of this Court vide order dated 27.5.2020, passed in Cr.Mis.No. 83888/2019. Petitioner is in custody since 9.7.2019. Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation that the petitioner along with other accused persons committed murder of the informant's father by fire arms when he did not fulfil their ransom demand. In course of the investigation, it has further come that on the indication of petitioner dead body of the victim, motorcycle used in crime and other things were recovered by the police. On the statement of the petitioner, other accused persons were also arrested and a country made pistol and cartridge of .315 bore and blood stained shirt of the petitioner were recovered.
Controverting the facts, learned counsel for the petitioner submits that the recovery of dead body has not been made on the basis of statement of the petitioner which is also evident from the statement of the Investigating Officer. In view of the facts and circumstances of the case as
Patna High Court CR. MISC. No.23178 of 2020(4) dt.23-11-2020 3/3 well as the gravity of the offence, prayer for bail of the petitioner is refused.
(Prabhat Kumar Singh, J) Shashi U T