Rajiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37504 of 2020 Arising Out of PS. Case No.-451 Year-2019 Thana- RAJIVNAGAR District- Patna ====================================================== Rajiv Kumar son of Late Bhushan Prasad Singh Resident of VillageJogichak, P.S.- Sikandra, District- Jamui. Presently residing at Rajiv Nagar, Road No.- 21, P.S.- Rajiv Nagar, District- Patna. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Jagjit Roshan, Advocate Mr. Rajeev Ranjan, Advocate For the State :
Mr. Rajesh Kumar, A.P.P.
For the Informant Mr. Virendra Prasad, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Rajeev Nagar P.S. Case no. 451 of 2019 corresponding to Sessions Trial no. 185 of 2020 registered under section 365 of the Indian Penal Code. As per allegation in the F.I.R., the cousin brother of the informant was kidnapped while on the way to his home and it is stated that subsequently the informant received a phone call from the mobile phone stating that his cousin brother was in his custody.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.37504 of 2020(4) dt.15-03-2021 2/3 that the FIR was registered against unknown owner of a particular mobile number. It is further submitted that the name of the petitioner transpired in the confessional statement of coaccused Navlesh Kumar @ Navlesh Raj who has himself been enlarged on bail vide order dated 05.06.2020 (Annexure-3) passed in Cr. Misc. no. 83784 of 2019. The petitioner is in custody since 16.09.2019, no incriminating material has been recovered from his possession and charge sheet has been submitted in the case.
The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that in course of investigation it transpired that it was the petitioner along with others who had killed the deceased and even after the brutal killing had made a demand of rupees thirty lacs. In support of his contention, learned counsel for the informant refers to the statement under Section 161 Cr.P.C. of Navlesh Kumar @ Navlesh Raj, the landlord, Bittu Kumar and the petitioner himself in paragraph nos. 37, 43, 49 and 50 of the case diary.
Having heard learned counsel for the parties and taking into consideration that the name of the petitioner
Patna High Court CR. MISC. No.37504 of 2020(4) dt.15-03-2021 3/3 transpired in the confessional statement of co-accused Navlesh Kumar @ Navlesh Raj who has himself been enlarged on bail, the order of which has been brought on record as Annexure-3 to the petition together with charge sheet having been submitted in the case so far as investigation with respect to the petitioner is concerned, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rajeev Nagar P.S. Case no. 451 of 2019 corresponding to Sessions Trial no. 185 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XX, Patna.
(Partha Sarthy, J) shahzad/- U T