Ashish Kumar Srivastava @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13915 of 2016 Arising Out of PS.Case No. -594 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ashish Kumar Srivastava @ Guddu son of Late Shambhu Prasad Srivastava, resident of Village- Madhopur, P.S.- Majhaulia, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. B.K. Pandey For the State : Mr. M. RAB (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-06-2016 Heard learned counsel for the petitioner, learned A.P.P. representing the State as well as learned counsel for the informant. The petitioner seeks bail in connection with Bettiah Town P.S. Case No. 594 of 2015 registered for the offences punishable under Sections 302, 201 and 120-B/34 of the Indian Penal Code.

The petitioner is not named in the First Information Report but during investigation his name transpired and the petitioner confessed his guilt also that Santosh Gupta gave him Rs. 1,00,000/- to kill Zeya Ahmad, the brother of the informant and further he prepared video clips from mobile regarding killing of the deceased and demanded ransom from Abhay Kumar Soni, the owner of S.K. Jewelers.

Submission is of false implication and that besides suspicion, there is nothing against the petitioner. During investigation no legal and tangible material has been collected and without any fault the petitioner is suffering in custody since 04.11.2015. The informant has not stated a single word against the petitioner and, as such, he deserves sympathetic consideration to which the earned A.P.P. duly assisted by the learned counsel for the informant opposes by submitting that the petitioner has confessed his guilt leading to recovery of mobile no. 9504312408 and further SIM. The petitioner has also given wrong address to the police and in his bail petition before learned court below and also in this Court.

In the facts and circumstances stated above, considering the materials collected during investigation against the petitioner and further that he has given wrong address before the police as well as in the Court and, as such, at present I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Bettiah Town P.S. Case No. 594 of 2015 pending in the Court of learned CJM, West Champaran, Bettiah.

(Jitendra Mohan Sharma, J) sushma/- U T