Himalaya Kumar @ Himalaya @ Sagar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52496 of 2023 Arising Out of PS. Case No.-451 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== HIMALAYA KUMAR @ HIMALAYA @ SAGAR S/O NANDLAL MANDAL RESIDENT OF VILLAGE- KATHARA, P.S- SULTANGANJ, DISTRICT- BHAGALPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2023 Heard the parties.

The petitioner is in judicial custody in connection with Sultanganj P.S. Case No.451 of 2022 instituted under Sections 365,364,120(B),302/34,420 of the IPC lodged on 23.11.2022 by the informant Sadanand Jha.

As per the prosecution story, the allegation is of kidnapping and killing of Amit Kumar Jha and the reason is that an agreement was made for the sale of a piece of a land for Rs.72 lacs which was paid by Amit Kumar Jha and was forcing the accused persons for getting the land transferred. The apprehended accused persons including the petitioner confessed to their guilt.

It is the case of the petitioner that main allegation is against Dilip Mandal, further, confession before police has made

Patna High Court CR. MISC. No.52496 of 2023(2) dt.19-08-2023 2/2 him suffer.

Learned APP on the other hand submits that a bare perusal of learned Sessions Judge order would show the involvement of all the accused persons including the petitioner have been found.

Taking into account the allegation that has come against the petitioner, for the present, this Court is not inclined to grant him privilege of bail, which is accordingly rejected. (Rajiv Roy, J) Prakash Narayan U T