Tilkeshwar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46832 of 2023 Arising Out of PS. Case No.-796 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== TILKESHWAR KUMAR Son of Rampratap Mahton Resident of village - Chamrahi, P.S.- Bakhari, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. Let the defect(s), if any, be removed within a period of four weeks from today.
3. The petitioner seeks bail in connection with Khagaria (Gangaur) P.S. Case No. 796 of 2022 registered for the offence under Sections 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.
4. The accused/petitioner is not named in the F.I.R. and is in custody since 19.03.2023.
5. The allegation against the petitioner is to commit murder of son of informant alongwith other unknown coaccused persons, while he went to collect milk from different vendors.
Patna High Court CR. MISC. No.46832 of 2023(2) dt.01-08-2023 2/3
6. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced in this case out of suspicion and his self-confession, where in furtherance of no incriminating material recovered/surfaced as to connect petitioner, prima facie, with present occurrence of murder. It is submitted that as mobile tower location of petitioner was found near the place of occurrence as per Call Details Reports, he was implicated with present occurrence. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
7. Learned APP opposes the prayer of bail.
8. Considering the facts and circumstances as mentioned above and by taking note of the fact as save and except suspicion arises out of mobile tower location and selfconfession, nothing appears incirminating against this petitioner as to connect him, prima facie, with present occurrence of murder, who is a man of clean antecedent coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 19.03.2023, accordingly, above named petitioner
Patna High Court CR. MISC. No.46832 of 2023(2) dt.01-08-2023 3/3 is directed to be released on bail in connection with Khagaria (Gangaur) P.S. Case No. 796 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T