Harish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46666 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- PURAINI District- Madhepura ====================================================== Harish Kumar, Son of Butely Choudhary @ Buteli Choudhary, Resident of Village- Dumrail, Ward No. 04, P.S.-Puraini, District-Madhepura (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Anand, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Puraini P.S. Case No. 40 of 2023 dated 19.02.2023 registered for the offence punishable under Section 302 read with 34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner is not named in the FIR and during investigation his name surfaced in the confessional statement of co-accused Manish Kumar, who is alleged to be the main accused of this case and the petitioner is 20 years old having fair and clean antecedent and he has been languishing in jail since 21.02.2023.

4. Learned APP appearing for the State has opposed

Patna High Court CR. MISC. No.46666 of 2023(2) dt.28-07-2023 2/2 the bail prayer.

5. Considering the facts and circumstances of this case as well as the above submissions and mainly the facts that the petitioner is not named in the FIR and as per the order impugned, his name surfaced in the alleged crime in the confessional statement of co-accused Manish Kumar and in respect of petitioner's involvement in the alleged crime, the prosecution is mainly relying on the said confessional statement of Manish Kumar, who appears to be the main accused of this case and also taking into account the petitioner's young age and completion of the investigation against him, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail 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 in connection with Puraini P.S. Case No. 40 of 2023.

(Shailendra Singh, J) annu/- U T