Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46593 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- BANSHI District- Jehanabad ====================================================== NITISH KUMAR Son of Late Ram Pravesh Singh Resident of Village - Mangar Bigha, P.S.- Banshi, Distt.- Arwal.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Opposite Party/s :

Ms. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

As per prosecution, on getting information about a trolley bag in abandoned condition lying in the field of Rameshwar Singh having blood stain, police party proceeded towards place of occurrence. In presence of public, trolley bag was opened in which a dead body of a female was found. It transpired that after killing at some other place, with a view to conceal the dead body, the same was thrown by keeping it in trolley bag.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.46593 of 2022(4) dt.09-02-2023 2/2 petitioner has falsely been implicated in this case. Petitioner is not named in the FIR. There is no eye witness of the present occurrence. On the basis of confessional statement of coaccused Ajit Kumar, the name of the petitioner surfaced in this case. Petitioner is in custody since 06.05.2022. Learned APP appearing for the State has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Banshi P.S. Case No. 34/2022, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Arwal.

(Sunil Kumar Panwar, J) Ranjeet/- U T