Patna High CourtCR. MISC./36809/2020bail rejected

Aman Kumar v. The State Of Bihar

2021-02-23Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 36809 of 2020 Arising Out of PS. Case No.-103 Year-2020 Thana- PIRBAHOR District- Patna ====================================================== AMAN KUMAR Son of Ganesh Prasad Resident of Village - Shiv Durgalay Lane Jhopadpatti, P.S.- Sultanganj, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Ankit Katriar, Advocate For the Opposite Party/s :

Mr Md Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 23-02-2021 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner seeks bail in Pirbahore Police Station (for brevity PS) Case No 103 of 2020 dated 17.02.2020 instituted for the offence punishable under Sections 302, 120B/34 of Indian Penal Code and Section 27 of Arms Act. Allegation is that the informant's father has been found dead in a pool of blood and suspicion has been cast on the agnates who, in recent past, have meted out threats to his life. Learned counsel for the petitioner submits that the petitioner is not a relative of the informant. He has not been named in the First Information Report and merely on the statement of co-accused under Section 161 of Criminal

Patna High Court CR. MISC. No.36809 of 2020(3) dt.23-02-2021 2/2 Procedure Code, he has been implicated in this case and continues to be in custody since 21.02.2020.

The learned APP for the State and the learned counsel for the informant have submitted, referring to paragraph 62 of case diary, that apart from petitioner's name being taken by coaccused in his confessional statement, upon petitioner's disclosure, the arm, used in the crime, has been recovered. The petitioner also bears criminal antecedents.

Having regard to the submissions advanced by the parties, this Court is not inclined to grant bail to the petitioner. Prayer for bail is rejected for the present.

(Madhuresh Prasad, J) M.E.H./- U T