Sandeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37487 of 2024 Arising Out of PS. Case No.-168 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== SANDEEP KUMAR SON OF RAJ KUMAR RAJVANSHI RESIDENT OF VILLAGE - GUMMA, P.S. - FATEHPUR, DISTRICT - GAYA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Deo Raj For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-06-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Fatehpur P.S. Case No. 168 of 2022 for the offences punishable under Sections 363, 364, 302 and 120B of the Indian Penal Code.
3. As per allegation, on 30.03.2022, the informant's son went to market from his house but he has not returned.
4. The 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 during investigation, one Sunita Devi furnished her confessional statement in which she has also named this petitioner as one of the killers of the deceased and except that there is nothing against the petitioner.
Patna High Court CR. MISC. No.37487 of 2024(3) dt.28-06-2024 2/3 He has also submitted that confessional statement before the police is not admissible in the eye of law. The petitioner is under custody since 15.11.2023.
5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that though the FIR has been registered against unknown persons but Sunita Devi in paragraph no. 20 of the case diary, has specifically stated that she along with four persons including this petitioner killed the deceased in her house inflicting blows with axe and stick etc.
6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned ACJM-X Gaya in connection with Fatehpur P.S. Case No. 168 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have
Patna High Court CR. MISC. No.37487 of 2024(3) dt.28-06-2024 3/3 liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
(Nawneet Kumar Pandey, J) Nirmal/- U T