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Patna High CourtCR. MISC./53934/2015rejected

Chandan Kumar Thakur @ Chandan Kumar v. The State Of Bihar

2015-12-08Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53934 of 2015 Arising Out of PS.Case No. -24 Year- 2014 Thana -BIDUPUR District- VAISHALI (HAJIPUR) ====================================================== Chandan Kumar Thakur @ Chandan Kumar, son of Vishwanath Thakur, resident of village-Jahangirpur Sham, P.S.-Desari (O.P. Chandpur), DistrictVaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Lallan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 08-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bidupur P.S. Case No. 24 of 2014 registered under Sections 302 and 120-B read with 34 of the Indian Penal Code. It has been contended that the petitioner is innocent and there is no eye-witness of the occurrence. His name has been given in the FIR only on the basis of suspicion. Further, contention of the petitioner is that the confessional statement of co-accused Pankaj Kumar is not voluntary and it has been obtained under coercion by the police.

Patna High Court Cr.Misc. No.53934 of 2015 (2) dt.08-12-2015 2 / 2 On the other hand, learned counsel for the State has submitted that the petitioner is one of the accused persons named in the FIR. One Pankaj Kumar was arrested by the police immediately after the occurrence and on interrogation, he disclosed name of the petitioner and one Kundan Kumar as his associates who had been involved in the murder of the son of the informant.

Regard being had to the nature of allegation, I am not inclined to grant him anticipatory bail. Accordingly, the application for anticipatory bail is rejected. (Ashwani Kumar Singh, J.) Sanjeet/- U T