Amar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48649 of 2023 Arising Out of PS. Case No.-336 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== AMAR KUMAR SINGH Son Of Ranjay Kumar Singh, Resident Of VillageRamnagar, Ward No.11, P.S.- K. Hat, Distt- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Dr. Bidhu Ranjan, Adv.

Ms. Diksha Kumari, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-08-2023

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

2. Petitioner seeks regular bail in connection with Sadar (Mufassil) P.S. Case No. 336 of 2023 dated 15.04.2023 registered for the offence punishable under Section 364 of the Indian Penal Code and chargesheet has been submitted under Section(s) 364, 302, 201 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by petitioner's counsel are that the petitioner has been languishing in jail since 18.04.2023 having fair and clean antecedent and against him the investigation has been completed, he has been dragged in this case merely on the basis of confessional statement of co-accused

Patna High Court CR. MISC. No.48649 of 2023(2) dt.04-08-2023 2/2 Piyush Kumar, who appears to be the main accused as per his confessional statement and in this regard the order impugned may be perused and no person claimed to have seen the alleged occurrence and in the postmortem report, the cause of death of the victim has been kept reserved till the report of Chemical Analysis of Viscera and as per C.D.R. details got during investigation, any conversation between this petitioner and deceased was not found.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly petitioner's fair antecedent and the completion of investigation against him and also the fact that as per the order impugned in respect of petitioner's involvement in the alleged crime, prosecution is mainly relying upon the confessional statement of above said co-accused, this Court is inclined to accept his prayer for bail. 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 concerned Court in connection with Sadar (Mufassil) P.S. Case No. 336 of 2023.

(Shailendra Singh, J.) Maynaz/- U T