Shakti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40249 of 2024 Arising Out of PS. Case No.-614 Year-2023 Thana- KOTWALI District- Munger ====================================================== Shakti Kumar S/o Mahesh Rai R/o vill - Kemkha, P.S. - Kotwali, O.P. - Basudeopur, Distt. - Munger (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Chandra Verma, Sr. Adv :

Ms. Karuna Sahay, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-09-2024 Heard learned senior counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Kotwali (Basudeopur OP) P.S. Case No. 614 of 2023, registered for the offences punishable under Section 302/34 of IPC and Section 27 of the Arms Act.

3. Allegedly, in course of returning from ITC Munger, in the way, the father-in-law of the informant was shot dead by some unknown criminal.

4. Learned senior counsel for the petitioner has submitted that there is no eye witness to the occurrence. The informant is daughter in law of the deceased. She has stated in her fardbeyan that she has received information about the occurrence from a girl but that girl has not been examined during investigation. He has further submitted that the informant modified her earlier statement and in

Patna High Court CR. MISC. No.40249 of 2024(3) dt.24-09-2024 2/2 her re-statement, she named four accused persons including the petitioner. He has further submitted that the petitioner's name has figured in confessional statement of co-accused. Though, on the basis of confessional statement of co-accused (Rohit Kumar), the pistol was recovered but it was not recovered from the possession of the petitioner. He has further submitted that the petitioner is the person of clean antecedent and he is under custody since 03.01.2024.

5. On the other hand, learned APP for the State has vehemently opposed the prayer for bail and submitted that the name of this petitioner has figured in confessional statement of co-accused person.

6. Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kotwali (Basudeopur OP) P.S. Case No. 614 of 2023, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) priyanka/- U T