Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51278 of 2023 Arising Out of PS. Case No.-289 Year-2022 Thana- PIPRA District- East Champaran ====================================================== SUDHIR KUMAR SON OF NATHUNI RAY R/O-HATA, P.S.-CHAKIA, DISTT.-EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar For the State :

Mr. Md. Fahimuddin For the informant :

Mr. Rakesh Kumar No. 1 Mr. Madhukar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-11-2023

1. Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Pipra Police Station Case No. 289 of 2022, dated 05.10.2022, disclosing offences punishable under Sections 302/201/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 05.10.2022, the informant got information that his son has been killed and the dead body of his son has been thrown in the sugarcane filed near Balwa Man and upon information, he reached and found the dead body of his son, having injuries of sharp cutting weapon on his

Patna High Court CR. MISC. No.51278 of 2023(3) dt.09-11-2023 2/3 body. The informant has alleged that his son was killed in pre-planned manner by the petitioner and other coaccused persons in order to grab the money, which was taken on loan from the deceased by the accused persons.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of suspicion only. He further submits that except suspicion, there is no cogent material to connect the petitioner with the present offence. He further submits that all the other co-accused persons have been granted regular bail.

5. On the other hand, learned Counsel for the State as well as the informant oppose the prayer for bail and submits that the confessional statement of co-accused Pankaj Kumar was recorded during the course of investigation, in which he has disclosed the name of the petitioner as one of the accused persons who participated in the killing of the deceased.

6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the prima facie materials collected during the course of investigation and the gravity of the offence, I am not

Patna High Court CR. MISC. No.51278 of 2023(3) dt.09-11-2023 3/3 inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √