Indrajeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66157 of 2021 Arising Out of PS. Case No.-329 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== Indrajeet Kumar Son of Ravindra Sharma @ Rabo Sharma Resident of Village- Pansalwa, Police Station- Beldour, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar, Advocate For the State :
Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Beldour P.S. Case No. 329 of 2020 registered for the offence under Sections 302, 120B and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 19.04.2021.
The allegation against the petitioner is to commit murder of father of the informant, alongwith other co-accused persons, where petitioner was alleged to be in illicit relations with step mother of the informant.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.66157 of 2021(3) dt.17-08-2022 2/3 submitted that informant is not the eye witness of the occurrence and the entire allegation is based upon suspicion. It is submitted that during the course of investigation, nothing incriminating surfaced/recovered, which may connect this petitioner with the present set of occurrence. It is submitted as petitioner supported the cause of step mother of the informant, he has been falsely implicated in the present case under wrong impression of illicit relations. It is further submitted that similarly situated coaccused, namely, Rabo Sharma has already been granted anticipatory bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 38839 of 2021 dated 12.04.2022.
While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that informant is not the eye witness of the occurrence.
In view of the facts and circumstances, as mentioned above, as informant is not the eye witness of the occurrence, where nothing surfaced during the course of investigation, which may connect the petitioner, prima facie, with the
Patna High Court CR. MISC. No.66157 of 2021(3) dt.17-08-2022 3/3 allegation coupled with the fact that petitioner is a man of clean antecedent, where chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Beldour P.S. Case No. 329 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Khagaria/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T