Munna Singh @ Jitendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51403 of 2021 Arising Out of PS. Case No.-31 Year-2021 Thana- MURAR District- Buxar ====================================================== MUNNA SINGH @ JITENDRA SINGH S/o SRI BRAMESHWAR SINGH R/o VILLAGE-FAFDAR, P.S-MURAR, DISTRICT-BUXAR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prakash Chandra Jha, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-03-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201and 34 of the Indian Penal Code.
As per the prosecution case, it is stated by the informant that her son had his shop next to the shop of Bhagwati Prasad and as a result of business rivalry there was hot talk on which the said Bhagwat Prasad had threatened him on a number of occasions. It is stated that on the date of occurrence on her son not returning, the informant on going to the place of occurrence saw that his articles were scattered and he was lying on the side of the road. On reaching the place of occurrence, she found that her son had been murdered and his face smashed.
It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.51403 of 2021(3) dt.11-03-2022 2/2 the petitioner is not named in the FIR. His name transpired in course of investigation. No material has transpired against the petitioner to connect him with the alleged crime. The alleged confession has been made before the police which is inadmissible. The petitioner is in custody since 30.5.2021 and has no criminal antecedent. Investigation in the case has concluded.
The application for bail is opposed by learned APP for the State who submits that from the material available in the case diary together with the confessional statement of the petitioner, the manner of murder of the son of the informant has been narrated in detail wherein the petitioner participated in the occurrence. It has further been stated that as a result of the said confession the weapon used in the murder has been recovered.
Having heard learned counsel for the parties and taking into consideration the facts of the case together with the material that has transpired in course of investigation to connect the petitioner with the alleged crime, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Spd/- U T