Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54626 of 2024 Arising Out of PS. Case No.-149 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== Abhishek Kumar, son of Jitendra Kumar @ Jitendra Prasad, Resident of Postal Park, Road No. 3-A, P.S.- Jakkanpur, Dist- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-08-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Jakkanpur P.S. Case No.149 of 2022 registered for the offences under Sections 302 and 201 of the Indian Penal Code and Section 27 of the Arms Act.
3. The accused/petitioner is not named in the FIR and is in custody since 19.05.2022.
4. The allegation against the petitioner is to commit murder of son of informant along with other coaccused persons.
5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced
Patna High Court CR. MISC. No.54626 of 2024(2) dt.31-08-2024 2/3 during the course of investigation on the basis of his selfconfessional statement, in furtherance of which, no incriminating material recovered/surfaced, which may connect this petitioner with the present occurrence of murder. It is submitted that even as per postmortem report, the cause of death was ascertained as asphyxia resulting from antemortem ligature strangulation. Injury No.1 as mentioned in postmortem report was also bruise injury, whereas Injury No.2 was laceration. It is submitted that it is opined by doctor that injury no.
1 and 2 was caused by blunt object but, hammer and blood-stained bed-sheet as alleged to be recovered from the rented house of the petitioner as per seizure list was never tested from any forensic science laboratory as to ascertain that same was used as weapon. It is submitted that with same set of allegation, co-accused, namely, Monu Kumar has already been granted bail by one of the learned co-ordinate Bench of this Court vide order dated 28.06.2024 passed in Cr. Misc. No.35780 of 2024 considering the deposition of informant during the trial.
Patna High Court CR. MISC. No.54626 of 2024(2) dt.31-08-2024 3/3 criminal case related with Excise case, where he is on bail.
6. Learned APP opposed the prayer for bail of the petitioner.
7. In view of aforesaid factual submission and by taking note of fact as the only recovered material is hammer and blood-stained bed-sheet from rented house, which prima facie not appears to connect the petitioner with crime in question in want of any forensic examination report, coupled with the fact that co-accused persons are on bail, where petitioner also remains in custody since 19.05.2022, accordingly, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XI, Patna in connection with Session Trial No.1271 of 2022 arising out of Jakkanpur P.S. Case No.149 of 2022 subject to the conditions as laid down under Section 437(3) of the CrPC/Section 480(3) of BNSS.
(Chandra Shekhar Jha, J.) Sanjeet/- U T