Sachin Kumar @ Chhotu v. The State Of Bihar

Patna High Court Cr.Misc. No.5769 of 2016 (3) dt.01-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5769 of 2016 Arising Out of PS.Case No. -434 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Sachin Kumar @ Chhotu Son of Sudhanshu Singh @ Sudhanshu Roy, Resident of Village - Cheria, P.S. - Bhagwanpur, District - Begusarai and presently residing at Lohiyanagar, P.S. - Begusarai Town, District - Begusarai. ............................. .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Rajiv Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 434 of 2015 registered for the offence punishable under Sections 364/34 of the Indian Penal Code in which subsequently Sections 302 and 201 of the Indian Penal Code were added.

Allegedly, some unknown took away Kishan Sah, the husband of the informant with his Bolero vehicle bearing registration no. BR09M-4015 thereafter, the dead body of Kishan Sah was recovered. During investigation the petitioner and other co-accused were caught when they, after leaving the Bolero vehicle, were trying to flee away riding on a bus and the petitioner confessed his guilt stating the names of other co-accused also.

Patna High Court Cr.Misc. No.5769 of 2016 (3) dt.01-04-2016 Submission is of false implication and that there is no legal and tangible material against the petitioner, he was not caught with Bolero vehicle or any weapon, the witnesses examined during investigation appears not reliable and as such the petitioner who is suffering in custody since 25.08.2015 deserves sympathetic consideration to which learned APP seriously opposes by submitting that the accused persons were trying to flee away riding on a bus after leaving the Bolero vehicle in question. In the facts and circumstances stated above, considering the circumstances appearing against the petitioner, at this stage, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T