Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35107 of 2023 Arising Out of PS. Case No.-353 Year-2022 Thana- RUPASPUR District- Patna ====================================================== JITENDRA KUMAR son of Late Vishwanath Mahto Village- Hartali Dhobi Ghat Ps- Kotwali Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 201, 120(B) of the Indian Penal Code.

As per allegation in the FIR, one unknown dead body was lying in mud and water and with help of local persons, the dead body was fished out from the water. It appears that after killing the deceased, his dead body was thrown in mud. Thereafter, the present case was registered against unknown. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is not named in the FIR. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion and his self

Patna High Court CR. MISC. No.35107 of 2023(3) dt.28-08-2023 2/2 confessional statement, the name of the petitioner has been dragged in the present case. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 26.6.2022.

The application for bail is opposed by learned APP for the State..

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 1st Danapur, in connection with Rupaspur PS Case No. 353 of 2022.

(Sunil Kumar Panwar, J) sushma/- U