Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59702 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- TARAPUR District- Munger ====================================================== Arjun Kumar S/o- Fantush Choudhary Village- Kumhar Tola PS-Tarapur Distt- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar Choudhary, Advocate For the State :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-10-2024 Heard Mr. Raj Kumar Choudhary, learned counsel for the petitioner and Mr. Lalan Kumar, learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks bail, who is in custody since 13.12.2023, in connection with Tarapur P.S. Case No. 229 of 2023 (S.T. No. 80/2024), FIR dated 10.12.2023 registered for the offence under Sections 302, 201, 394 and 411 of the Indian Penal Code.

3. As per the prosecution case, the police found a dead body from a dry pond. The deceased was killed by repeated knife blow by unknown.

4. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and he has falsely been implicated in this case. He

Patna High Court CR. MISC. No.59702 of 2024(3) dt.18-10-2024 2/2 further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that the petitioner has been made accused in the present case on the basis of the confessional statement of the co-accused person. The petitioner is rotting in judicial custody since 13.12.2023.

5. Learned A.P.P. for the State, on the other hand, on the basis of the material available on the record in the case diary has opposed the prayer for bail of the petitioner and submits that the petitioner has himself confessed his guilt in the present case and the blood stained shirt of accused, namely, Sharwan Kumar and mobile phone of the deceased were recovered from the possession of the petitioner and apart from that the CDR location also suggests that the petitioner was involved in the present crime in question.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Tarapur P.S. Case No. 229 of 2023 (S.T. No. 80/2024) pending in the Court of learned A.D.J., V, Munger.

7. Prayer is refused.

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