Pritam Kumar @ Ghutra @ Pritam Kumar Ghutra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40986 of 2025 Arising Out of PS. Case No.-538 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Pritam Kumar @ Ghutra @ Pritam Kumar Ghutra S/o Rajeev Singh @ Rajeev Kumar Singh @ Rajeev @ Rajo Singh R/o Village- Hanumangadhi (Hanumangarhi) Ward No. 45, Mohan Eghu, P.S.- Muffasil, DistrictBegusarai. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Town P.S. Case No. 538/2024, registered for the offence under Sections 103(1), 238(a), 303(2), 3(5) of BNS, 2023.
3. The accused/petitioner is not named in the F.I.R. and is in custody since 18.12.2024.
4. As per FIR, the son of the informant, who is Erickshaw driver found missing and subsequently his mobile phone was also found switched off. Informant received information from police station on 27.09.2024 regarding dead body of her son.
5. Learned Counsel appearing on behalf of the petitioner submitted that the informant is not the eye-witness of the occurrence and entire prosecution case is based upon
Patna High Court CR. MISC. No.40986 of 2025(2) dt.19-08-2025 2/3 circumstantial evidence. It is submitted that the petitioner apprehended in one Muffasil P.S. Case No. 373 of 2024 and in said case he confessed regarding his involvement in present case and, therefore, on the basis of his self confession, he was remanded in this matter. It is pointed out that on the basis of said self confession, nothing incriminating recovered/surfaced during investigation as to connect petitioner prima facie with present occurrence of kidnapping and murder. It is submitted that one of reason for implication of the petitioner with present case is his criminal antecedents, as he found involved in six more criminal cases, where in three criminal cases, he has already acquitted after the trial.
It is submitted that in maximum of the cases, petitioner found involved either on the basis of his self confession or the confession of co-accused, having otherwise no evidentiary value under the law. While concluding the argument, it is submitted that investigation of this case is already completed, for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP opposed the prayer of bail.
7. Considering the aforesaid factual submissions and by taking note of fact as save and except suspicion arising out of self confession of accused petitioner, prima facie nothing incriminating
Patna High Court CR. MISC. No.40986 of 2025(2) dt.19-08-2025 3/3 surfaced/recovered during investigation as to connect petitioner with present occurrence of kidnapping and murder, coupled with the fact that investigation is already completed, where petitioner remains in custody since 18.12.2024, accordingly, petitioner above named, is directed to be released on bail in connection with Town P.S. Case No. 538/2024, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) veena/- U T