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Patna High CourtCR. MISC./36234/2017rejected

Chandan Kumar @ Ravi Ranjan @ Ravi Ranjan Sharma v. The State Of Bihar

2017-08-25Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36234 of 2017 Arising Out of PS.Case No. -266 Year- 2016 Thana -NAUBATPUR District- PATNA ====================================================== Chandan Kumar @ Ravi Ranjan @ Ravi Ranjan Sharma, son of Sri Kaushal Singh, Resident of Village- Choti Tangraila P.S. Naubatpur, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 14.09.2016 in connection with Naubatpur P.S. Case No. 266 of 2016 for offences punishable under Sections 302/34 of the Indian Penal Code and 27 of Arms Act.

The prosecution case, as lodged by the informant, is that the accused persons called the deceased from his house and in the morning his dead body was found.

It has been submitted by the learned counsel for the petitioner that he is innocent and it is only on the ground of suspicion that he has been made accused and also on the basis of his self confessional statement before the police which has no

Patna High Court Cr.Misc. No.36234 of 2017 (3) dt.25-08-2017 evidentiary value in the eye of law. It is further submitted that charge-sheet has already been submitted and there is no allegation of tampering of prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail stating therein that the name of the petitioner surfaced in his own confessional statement and he is an accused in seven more cases some of them being of serious nature. Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner in connection with Naubatpur P.S. Case No. 266 of 2016 pending in the court of learned ACJM-II Danapur, Patna. The application is, accordingly, rejected. However, the petitioner may renew his prayer for bail after framing of charge.

(Nilu Agrawal, J) Devendra/- U T