Sajjan Kumar @ Sajan Kumar @ Sajan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50890 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- BHAWANIPUR District- Purnia ====================================================== Sajjan Kumar @ Sajan Kumar @ Sajan Kumar Sah Son Of Seki Sah @ Soki Sah Resedent Of Village- Basanwara, Ward No. 2, P.S- Alamnagar, DisttMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 24.08.2022, in connection with Sessions Trial No. 513 of 2022 arising out of Bhawanipur (Balia) P.S. Case No. 165 of 2022, F.I.R. dated 08.07.2022 registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other co-accused persons in furtherance of their common intention of all have committed the murder of the informant's sister namely Priyanka Kumari and concealed her dead body.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely

Patna High Court CR. MISC. No.50890 of 2023(3) dt.15-09-2023 2/3 implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person namely Suraj Kumar and thereafter the confessional statement of the petitioner was also recorded in paragraph no. 111 of the case diary in which he has confessed that he has killed the deceased by knife. He further submits that the petitioner is in custody since 24.08.2022.

5. Learned APP for the State, on the other hand, , vehemently opposed the prayer for bail and submits that in his confessional statement in paragraph no. 111 of the case diary in which the petitioner has accepted that he has killed the deceased by knife and the postmortem report also supports the allegation. He further submits that it has also come during investigation in the case diary that the tower location of the petitioner was also found near the place of occurrence and apart from that it has also come that the petitioner was regularly talked with the deceased.

6. Considering the aforesaid facts that there is direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial

Patna High Court CR. MISC. No.50890 of 2023(3) dt.15-09-2023 3/3 No. 513 of 2022 arising out of Bhawanipur (Balia) P.S. Case No. 165 of 2022 pending in the Court of learned Sessions Judge, Purnea.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T