Ved Prakash @ Banti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41507 of 2023 Arising Out of PS. Case No.-1342 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Ved Prakash @ Banti, aged about 20 years (male), son of Pawan Sah, resident of Mohalla- Thana Road, Ward No. 18, P.S.- Khagaria, Dist.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Khagaria PS Case No.1342 of 2022 dated 22.12.2022, instituted for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. The prosecution story, in short, is that the informant got information that some unknown criminals have committed murder of her son and daughter-in-law, who were residing at Malgodown Road, Khagaria. Thereafter, the informant went to the place of occurrence and found the dead bodies of her son and daughter-in-law.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Only on the basis of

Patna High Court CR. MISC. No.41507 of 2023(2) dt.14-07-2023 2/2 confessional statement of co-accused, Abhishek Kumar, the petitioner has been made accused in this case. Learned counsel further submits that during investigation only material which has come against the petitioner is that he had telephonic conversation with the accused persons near the place of occurrence which was located on the basis of location of tower. Learned counsel further submits that there is no witness to suggest the presence of the petitioner at the place of occurrence. Nothing incriminating article has been recovered from the possession of the petitioner. It is further submitted that the petitioner is in custody since 06.01.2023 having clean antecedents and charge-sheet has been submitted in the case.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in Khagaria PS Case No.1342 of 2022. (Khatim Reza, J) J. Alam/- U T