Santlal@ Sant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46491 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== SANTLAL@ SANT KUMAR S/O KEDAR THAKUR R/O Raja Kuan, P.SBihar Sharif, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Kumari Jyoti, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Ram Krishna Nagar P.S. Case No.40 of 2023 dated 17.01.2023 registered for the offence/s punishable under Section/s 302 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner is a young person having fair and clean antecedent and he is not named in the FIR as the FIR was registered against unknown persons and during investigation the deceased's friend Proshotam @ Happy was made accused and his statement was recorded in which the name of this petitioner surfaced as accomplice and if the said statement is believed to be true even

Patna High Court CR. MISC. No.46491 of 2023(2) dt.28-07-2023 2/2 then the co-accused Proshotam @ Happy did not reveal any specific role of the petitioner in his statement and according to his statement the main allegation of firing is against him and coaccused Raja Kumar. Further submissions are that petitioner has been languishing in jail since 20.01.2023 and against him the investigation has been completed.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the facts and circumstances of this case and above submissions and mainly the facts that in respect of petitioner's involvement in the alleged crime the prosecution is mainly relying upon the confessional statement of the co-accused Proshotam kumar @ Happy as appears from the order impugned and petitioner has fair and clean antecedent and against him the investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Ram Krishna Nagar P.S. Case No.40 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) sangam/- U T