Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44915 of 2024 Arising Out of PS. Case No.-855 Year-2023 Thana- BANKA District- Banka ====================================================== Dilkhush Kumar S/o Pramod Das RESIDENT OF VILLAGEVIJAYNAGAR, P.S. BANKA, DISTT-BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-07-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Banka P.S. Case No. 855 of 2023 dated 30.12.2023 registered for the offence under Section 302, 201, 120(B) of the I.P.C.

3. As per the First Information Report on 29.12.2023 the informant's son had gone to attend a birthday party but did not return. When the informant started searching his son, he got to know that his son was hanging on a tree with a rope in his neck.

4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. but during the course of investigation the name of the petitioner has surfaced on the basis of confessional statement of the co-accused / Rahul Kumar Poddar, who was arrested by the Police. Except confessional statement no evidence is there against the petitioner.

Patna High Court CR. MISC. No.44915 of 2024(2) dt.24-07-2024 2/2

5. Regard being had to the submission made by the parties and taking into consideration the nature of F.I.R. and the fact that during investigation the name of the petitioner has surfaced, as such, I am not inclined to grant anticipatory bail to the petitioner.

6. The prayer for anticipatory bail is rejected. (Anil Kumar Sinha, J) praful/- U T