Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35068 of 2023 Arising Out of PS. Case No.-606 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Praveen Kumar Son of Late Ramakant Sharma Resident of Sareya, ward no. 13, P.S. - Gopalganj, Distt. - Gopalganj, Bihar - 841428 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 01.08.2022 in connection with Gopalganj Town P.S. Case No. 606 of 2022, F.I.R. dated 28.07.2022 for the offences punishable under Sections 302/34 of the Indian Penal Code. According to prosecution case, some unknown persons have killed the son of the informant and threw his dead body in the drainage.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.35068 of 2023(3) dt.04-08-2023 2/2 petitioner is not named in the F.I.R and the name of the petitioner has been transpired on the basis of the confessional statement of the petitioner, and except the statement of the petitioner, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence. The petitioner is in custody since 01.08.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that on the basis of the confessional statement of the petitioner, a piece of basin which was used for committing murder of the deceased was recovered.

Considering the aforesaid facts and circumstances and the fact that the confessional statement of the petitioner leads to recovery, I am not inclined to enlarge the petitioner on bail in connection with Gopalganj Town P.S. Case No. 606 of 2022 pending in the court of learned Additional District & Sessions Judge 9th , Gopalganj.

Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T